American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 48

MOTION to Clarify by Daniel S. Sullivan re: 47 Order on Motion for Preliminary Injunction. (NKD, COURT STAFF for Marika Athens) Modified on 10/26/2010 to change event to Motion(NKD, COURT STAFF).

Marika R. Athens (AK Bar No. 0411096)
Assistant Attorney General
Department of Law
Office of Special Prosecutions and Appeals
310 K St., Suite 308
Anchorage, Alaska 99501
Telephone: [phone]
Facsimile: 907-269-7939
Email: [e-mail]
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; and
ALASKA LIBRARY ASSOCIATION,
Plaintiffs,
v.
DANIEL S. SULLIVAN, in his official
capacity as ATTORNEY GENERAL OF THE
STATE OF ALASKA
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.:
3:10-cv-00193-RRB

MOTION TO CLARIFY

Daniel S. Sullivan, in his official capacity, through his undersigned counsel,
hereby requests clarification of the court’s Order Granting Preliminary Injunction. In the

Order, the court stated that the State was prevented from enforcing AS 11.61.128. The
Defendant seeks clarification of the scope of the Order. For example:
1. Does the court’s Order encompass adjudicating juveniles already under the court’s
jurisdiction for violating this statute?
2. Does the court’s Order prevent law enforcement from continuing investigations or
obtaining search warrants when reports have been made that minors have received
pornographic pictures of adult genitalia from adults?

DATED this 26th day of October, 2010.

DANIEL S. SULLIVAN
ATTORNEY GENERAL
By: s/Marika R. Athens
Assistant Attorney General
Department of Law
Office of Special Prosecutions and Appeals
310 K St., Suite 308
Anchorage, Alaska 99501
Telephone: [phone]
Facsimile: 907-269-7939
Email: [e-mail]

CERTIFICATE OF SERVICE
I hereby certify that on the 26th day of October, 2010, a
copy of the foregoing document was served electronically on:
Michael Bamberger
s/Marika R. Athens
Marika R. Athens

Motion for Clarification
American Booksellers Foundation for Free Expression et al v. Sullivan
U.S. District Court of Alaska No. 3:10-cv-00193-RRB
Page 2 of 2