FSC Files Motion Seeking 2257 Temporary Restraining Order

Rhett Pardon
CANOGA PARK, Calif. – The Free Speech Coalition late Thursday filed suit in U.S. District Court in Denver seeking a temporary restraining order enjoining enforcement of new rules relative to 2257.

The recently re-issued federal record-keeping and labeling requirements for the adult industry are slated to go into effect next Thursday.

The expanded regulations of 18 U.S.C. § 2257 are certain to put a crimp in business practices for adult websites, producers, retailers, novelty makers and web-based and traditional mail order companies.

The new regulations require producers to keep detailed information to verify the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card.

The new rules apply to adult material dating to July 3, 1995. Violators face up to five years in prison for a first offense and 10 years for subsequent violations.

Plaintiffs to the suit include the Canoga Park, Calif.-based FSC; the FSC's Littleton, Colo., chapter; adult distributor New Beginnings Ltd. of Sylmar, Calif.; and New Beginnings owner Leonard Friedlander, who is one of the founders of the FSC.

Another plaintiff is David Connors of San Diego, owner of about 600 adult sites — including the "OnDemand" series of sites — and producer of 41 adult videos under the Dave Cummings Production label.

The suit by attorneys representing three law firms — Denver-based Schwartz & Goldberg’ Sirkin, Pinales & Schwartz of Cincinnati, Ohio; and Buffalo, N.Y.-based law firm Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria — contains more than 20 claims.

They argue that the guidelines are an unconstitutional burden and would do little to protect children.

The FSC, in a release, said that the expectation of the attorneys is that the court will order a hearing on the motion for a TRO before the regulations are scheduled to go into effect, at which time plaintiff attorneys H. Louis Sirkin, Paul J. Cambria, Jr. and Michael W. Gross will present arguments why temporary injunctive relief prohibiting the enforcement of the revised rules should be granted by the court.

The case is Free Speech Coalition vs. Alberto Gonzales, No. 05 CV 1126 WDM.