American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 5

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. 5

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, v. DANIEL S. SULLIVAN, in his official capacity as ATTORNEY GENERAL OF THE STATE OF ALASKA, PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION (FED. R. CIV. Defendant. P. 65)

Pursuant to Rule 65, Fed. R. Civ. P., plaintiffs hereby move for a preliminary injunction and other appropriate relief against enforcement 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., which purports to limit access to First Amendment protected materials deemed "harmful to minors." This motion is based upon the complaint herein, the expert declaration of Scott Bradner, and the declarations of Allan R. Adler, Vice President for Legal and Government Affairs of the Association of American Publishers, Inc.; Crossan R. Andersen, President and CEO of the

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Entertainment Merchants Association; Charles Brownstein, Executive Director of the Comic Book Legal Defense Fund; David Cheezem, co-owner of David & Melissa LLC, d/b/a Fireside Books; Donald R. Douglas; Julie Drake, member of Book Blizzard LLC, d/b/a Title Wave Books; Christopher Finan, President of the American Booksellers Foundation for Free Expression; Barbara M. Jones, Executive Director of the Freedom to Read Foundation, Inc.; Jeffrey Mittman, Executive Director for the American Civil Liberties Union of Alaska; David Ongley, President of the Alaska Library Association; and John Weddleton, owner of Bosco's Inc. As is detailed in the attached memorandum, the undisputed facts and the law applicable to the case establish that plaintiffs are entitled to the preliminary injunction sought on the ground that the challenged Act violates both the Commerce Clause of, and the First, Fifth and Fourteenth Amendments to, the Constitution of the United States of America.

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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/ D. John McKay D. John McKay
10417357

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