FSC Given Another 2257 TRO Extension

Gretchen Gallen
DENVER, Colo. – For the fourth time since the FSC challenged the U.S. Justice Department’s amendment of 18 U.S.C. § 2257 record-keeping law, a Denver judge has extended the temporary restraining order against enforcement for another 30 days.

The original TRO ruling in June 2005 protects FSC members from enforcement of the updated law, which could potentially impose extreme hardship on many smaller adult companies.

According to FSC attorney Jeffrey Douglas, it is in the government’s best interest to keep extending the TRO indefinitely, removing any incentive for the judge to issue a final ruling.

“Everyone wants resolution, and it would be great,” Douglas told XBiz. “But while the law can’t be enforced at this time, it still leaves businesses in a gray area not knowing how the judge is going to rule -- in many ways, predictability is invaluable.”

Douglas added that while the adult industry came out ahead with the TRO deal in the first place, he feels it would be in the best interest of adult companies to be able to get a clear message from the government so they can move on with their lives.

“Everyone wants resolution and it would be great,” Douglas said. “All that we’re asking for in the lawsuit is to stay in enforcement of the law, and currently the law cannot be enforced against us. The optimist in me says the longer it takes for him [the judge] to write his opinion, the better the opinion will.”

The TRO in the FSC et al vs. Alberto Gonzales will terminate Dec. 30, or until the court rules on the plaintiffs’ motion for preliminary injunction.