American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 17

DECLARATION of Donald Douglas, Donald Douglas Photography re 5 MOTION for Preliminary Injunction, 7 Memorandum,,, by Alaska Library Association, American Booksellers Foundation for Free Expression, American Civil Liberties Union of Alaska, Association of American Publishers, Inc., Book Blizzard LLC, Bosco's, Inc., Comic Book Legal Defense Fund, David & Melissa LLC, Donald R. Douglas. (McKay, D.)

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American Booksellers Foundation for Free Expression et al v. Sullivan Doc. 17 UNITED STATES DISTRICT COURT DISTRICT OF ALASKA AMERICAN BOOKSELLERS FOUNDATION FOR FREE EXPRESSION; AMERICAN CIVIL LIBERTIES UNION OF ALASKA; ASSOCIATION OF AMERICAN PUBLISHERS, INC.; COMIC BOOK LEGAL DEFENSE FUND; ENTERTAINMENT MERCHANTS ASSOCIATION; FREEDOM TO READ FOUNDATION; DAVID & MELISSA LLC d/b/a Fireside Books; BOOK BLIZZARD LLC d/b/a Title Wave Books; BOSCO'S, INC.; DONALD R. DOUGLAS d/b/a Don Douglas Photography; Civil No. and ALASKA LIBRARY ASSOCIATION, Plaintiffs, v. DANIEL S. SULLIVAN, in his official capacity as ATTORNEY GENERAL OF THE STATE OF ALASKA, Defendant. DECLARATION OF DONALD R. DOUGLAS I, Donald R. Douglas, do declare: 1. I am a photographer specializing in custom portraiture, wedding, commercial and fine art photography. I am a sole proprietor doing business as Don Douglas Photography. My principle place of business is Juneau, Alaska, where I operate a full-service photographic studio. I submit this declaration on my own behalf and on behalf of my customers and the users of my website, in support of the plaintiffs' request for a declaration of unconstitutionality and preliminary and permanent injunctive relief prohibiting enforcement of AS 11.61.128 as amended by SB 222 (the "Amended Act"), and as prior to amendment (the "Prior Act"). 2. I offer my services and show examples of my photography on and through my website, 3. I offer a variety of photographic services to the public, including "Weddings," "High School Seniors," "Family and Individual Portraiture," "Personal Portraiture," "Commercial," and "Fine Art Prints." Among my offerings to clients of "personal portraiture," I offer "maternity portraiture" photographs. As described on my website, these portraits are "a means of artistically capturing either a tender and intimate moment in your relationship with the new person to whom you have given birth, or the maternal, feminine beauty of a woman shortly before birthing." The maternity portraits are "generally made as nude or semi-nude expressions, celebrating a shortly expectant woman's round, maternal beauty." Images of such portraits may be accessed through a link on my website. Some persons may consider such photographs to be "harmful to minors." FEAR OF PROSECUTION UNDER THE AMENDED ACT 4. I fear prosecution under the Amended Act because I display on my website material that may be considered by some to be "harmful to minors." This material may be accessed by minors who browse my website. 5. A significant portion of my website is dedicated to showcasing photographic works. As described above, some of these works may contain nudity, making their appearance on the Web subject to the Amended Act. 6. In order to ensure that I do not make any material that is "harmful to minors" available to a minor on my generally-accessible website, I would be forced to screen my website, eliminating any matter that might fall into this category. Because the Amended Act is vague as to what constitutes "harmful to minors" matter, and what is harmful to a 15 year old is different than what is harmful to an 11 year old, the I would be forced to self-censor its material at the lowest end of the age range. 2

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