U.S. Gets 30 More Days to Respond to FSC’s 2257 Suit

Oct 23, 2009 3:30 PM PST
PHILADELPHIA — Justice Department attorneys will have an additional 30 days to respond to the Free Speech Coalition in its suit to enjoin enforcement of 2257 record-keeping regulations.

Earlier this month, the FSC asked a federal judge to grant a preliminary injunction against the U.S. government over enforcement of 18 U.S.C. § § 2257 and 2257A.

But both parties on Thursday asked the court to extend the government’s time to respond to Nov. 30, instead of an Oct. 30 deadline. A request for an evidentiary hearing also was delayed with the motion.

“Plaintiffs seek a prompt hearing on their motion for preliminary injunction but, recognizing the numerosity and complexity of the constitutional issues raised by their motion, agree to a 30-day extension,” a motion said.

U.S. Judge Timothy J. Savage will likely sign off on the motion.

Diane Duke, executive director of the FSC, told XBIZ that the adult trade group agreed to the government’s request because of the length of the motion.

“We submitted a 59-page brief for our injunction and they just needed more time to respond to that, as well as determine who from their side would be handling the case,” Duke said.

In the suit filed this month, the FSC claims that the revised record-keeping regulations for the adult industry are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

Attorney Michael Murray, who represents the FSC, said he plans a “substantial constitutional attack” and hopes that the FSC and 14 other plaintiffs will prevail and obtain injunctive relief.

The 14 plaintiffs also named in the suit are 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; and Betty Dodson and Carlin Ross, who co-host a website.

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