PHILADELPHIA — After 10 months of legal wrangling, U.S. District Court Judge Michael Baylson [pictured] has granted the government’s motion to dismiss FSC’s 18 U.S.C. § § 2257 and 2257A lawsuit.
In a story reported on by www.xbiz.com, FSC's executive director Diane Duke said FSC was disappointed but not surprised at the decision noting that not only was the judge a "challenge" but that the district courts are packed with Bush appointees.
According to Duke the next option is an appeal at the Circuit Court level. "We are in the 3rd Circuit-an optimal circuit for our appeal.”
The FSC, in its original complaint, said the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.
The FSC chose the U.S. District Court in Philadelphia to file the suit because the court has extensive experience in the area of obscenity.
The 14 plaintiffs in the case were:
* The American Society of Media Photographers, which represents 7,000 members.
* Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer.
* David Steinberg, a photographer and writer of sexual issues.
* Nina Hartley, a performer and website owner.
* Michael Barone, a photographer.
* Dave Cummings, an adult industry performer who owns numerous websites.
* Tom Hymes, an adult industry journalist who runs a website.
* Sinclair Institute, which operates sexual health clinics.
* Channel 1 Releasing, which operates a gay porn studio.
* Barbara Alper, a photographer.
* Carol Queen, a sexologist and feminist sex educator.
* Dave Levingston, a photographer.
* Betty Dodson and Carlin Ross, who co-host a website.
XBIZ will have more details as the story develops.
