American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 21

MOTION for Leave to File Overlength Memorandum in Support of Motion for Preliminary Injunction 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, Entertainment Merchants Association, Freedom to Read Foundation.(McKay, D.)

American Booksellers Foundation for Free Expression et al v. Sullivan

Doc. 21

D. John McKay, Esq. Law Offices of D. John McKay 117 E. Cook Ave. Anchorage, Alaska 99501 [phone] Alaska Bar No. 7811117 Attorney for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE 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. 3:10-cv-00193-RRB and ALASKA LIBRARY ASSOCIATION, Plaintiffs, PLAINTIFFS' MOTION v. FOR LEAVE TO FILE AN OVER-LENGTH DANIEL S. SULLIVAN, in his official capacity as MEMORANDUM IN ATTORNEY GENERAL OF THE STATE OF ALASKA, SUPPORT OF PLAINTIFFS' MOTION FOR A Defendant. PRELIMINARY INJUNCTION Plaintiffs hereby move for leave to file an over-length Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction (the "Memorandum"). In support thereof, plaintiffs state: 1. This case presents a complex challenge to the constitutionality of AS 11.61.128

(the "Act"), both as amended by Sections 9-12 in Senate Bill No. 222, 26th Leg., 2d Sess., and as prior to amendment.

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2.

Specifically, the Complaint alleges violations of the Commerce Clause of, and the

First, Fifth and Fourteenth Amendments to, the Constitution. These violations require separate analyses in the Memorandum in order for plaintiffs to show that they are likely to succeed on the merits of their claims. Some of these violations are subject to the "strict scrutiny" standard, which involves particularly complex analysis, including a description of less restrictive alternative means for achieving the Act's purpose. 3. Moreover, there is a large body of controlling case law invalidating statutes

similar to the Act, which plaintiffs must address. 4. To adequately and fully address these and other issues, plaintiffs respectfully

request that they be given leave to submit a 29-page Memorandum. WHEREFORE, plaintiffs pray that they be given leave to file their over-length Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction.

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Respectfully submitted Dated: August 31, 2010 Michael A. Bamberger (pro hac motion pending) Devereux Chatillon (pro hac motion pending) Sonnenschein Nath & Rosenthal LLP 1221 Avenue of the Americas New York, NY 10020 [phone] [e-mail] [e-mail] s/ D. John McKay D. John McKay Law Offices of D. John McKay 117 E. Cook Ave. Anchorage AK 99501 [phone] [e-mail] Thomas Stenson ACLU of Alaska Foundation 1057 W. Fireweed Lane Suite 207 Anchorage, AK 99503 ATTORNEYS FOR PLAINTIFFS

The undersigned certifies that a true and correct copy of the foregoing Motion for Participation by NonResident Counsel and attachments thereto, was served by hand-delivery this 31st day of August, 2010, upon counsel for Defendant. s/ Thomas Stenson Thomas Stenson

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