Judge Denies Government Motion to Dismiss in 2257 Case

Seal, United States Court of Appeals for the Third Circuit (Photo credit: Wikipedia)

 

PHILADELPHIA, PA—Argument on the U.S. Department of Justice's Motion to Dismiss the lawsuit in Free Speech Coalition, et al v. Holder was set for 1:30 this afternoon in the courtroom of U.S. District Judge Michael Baylson, but less than an hour later, it was over, with Judge Baylson denying the government's motion from the bench.

While plaintiffs' attorney J. Michael Murray was not available for comment, his associate Lori Baumgardner told AVN that with the dismissal of the motion, the judge allowed discovery in the case to go forward. That would involve taking depositions of both the various plaintiffs as well as attorneys and others in the Justice Department who might have knowledge of the facts and issues involved, and who might have possession of documents relating to the government's handling of the case. 

"There was an oral argument set on the Motion to Dismiss, and some judges do that," Baumgardner said. "We were a little bit surprised, but in an abundance of caution, Mike prepared his oral argument on the Motion, and he ruled from the bench denying their motion."

Today's hearing was the first official action taken by Judge Baylson since his ruling in 2010 dismissing the case on the original pleadings—a dismissal that was overturned by a three-judge panel of the Third Circuit Court of Appeals on April 16.

Check back with AVN for more details of this exciting development.

 

Related articles

• U.S. Judge Won't Dismiss 2257 Suit, Sides With FSC (xbiz.com)
• 2257: The Fight Goes On (xbiz.com)
• FSC's Suit Over 2257 Headed Back to Court Next Month (xbiz.com)

Porn Industry Reacts to Measure B Passage

LOS ANGELES — The Los Angeles porn industry took a major beating on Tuesday when more than one million residents voted Yes on Measure B, the L.A. County initiative mandating the use of condoms in adult video productions.

Producers and performers spoke to XBIZ about their disappointment in the election, what they think went wrong and what they’ve learned from the experience as they prepare to forge ahead in uncertainty, but determined to prevail.

“It is clearly very disappointing that Measure B passed,” Hustler President Michael Klein told XBIZ. “While obviously the industry is going to explore all avenues to try to overturn this measure, all that this vote did was move productions out of the state, taking away jobs and revenue to the state.

“And it won’t change at all what is seen in adult films since it is clear that movies with actors using condoms just don’t sell as well as those without.”

Hustler founder Larry Flynt addressed the outcome with Churchill-esque flair and gumption.

"I knew it would pass," Flynt said. "Americans have a knee-jerk attitude about sex, however, this does not change the adult entertainment industry in the least. We will continue to shoot in Mexico, the desert, Hawaii, etc. with no additional expenses, because instead of shooting one or two girls a week, we’ll shoot a dozen.

"The people need to look behind the effort driving this movement. You’ve got a right-wing nut [AIDS Healthcare Foundation President Michael Weinstein] trying to be a sexual arbitrator, and he should be dismissed for what he is — nothing.”

Porn star James Deen worked closely with the Free Speech Coalition and the No on Government Waste campaign to educate Los Angelinos about the industry and its testing practices through news and social media.

"I don't know what happens next," Deen said. "I assume a good amount of people will take their business out of the county of Los Angeles. Others might stay and alter their shooting style.  I don't see too many people staying as the bill for the expenses is now trying to be pushed onto us."

Named the “County of Los Angeles Safer Sex In The Adult Film Industry Act,” the AHF-funded measure also requires producers shooting in L.A. to apply and pay for public health permits from the L.A. County Department of Public Health. Those permit fees will then be used to pay for movie set inspections and the implementation of the act's laws.

“It’s important to note that only producers in Los Angeles will be required to comply with these impractical standards, while producers in other states and countries will continue to do business as usual,” said Joanne Cachapero, membership director for the FSC.

“Use of condoms, dental dams, gloves, face shields and other hazardous materials protocols make it impossible for adult film productions to continue in Los Angeles. FSC and industry stakeholders must now consider options for litigation, as well as relocation of the production industry to areas that will welcome the jobs and revenue.”