IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION
MORNINGSIDE CHURCH, INC., ) MORNINGSIDE CHURCH PRODUCTIONS, ) INC., and JIM BAKKER, ) ) Plaintiffs, ) ) v. ) Case No. ) LESLIE RUTLEDGE, in her official capacity ) as the Attorney General for the State of ) Arkansas, ) Serve at: 323 Center Street, Ste. 200 ) Little Rock, AR 72201 ) ) KIMBERLY R. H. LEWIS, in her official ) capacity as the District Attorney for the County ) of Merced, California, ) Serve at: 550 W. Main Street ) Merced, CA 95340 ) ) TORI VERBER SALAZAR, in her official ) capacity as the District Attorney for the County ) of San Joaquin, California, ) Serve at: 222 E. Weber Avenue, Room 101 ) Stockton, CA 95202 ) ) and ) ) MIKE FEUER, in his official capacity as the ) City Attorney for the City of Los Angeles, ) California, ) Serve at: James K. Hahn City Hall East, ) Suite 800 ) Los Angeles, CA 90012 ) ) Defendants. )
COMPLAINT
Plaintiffs Morningside Church, Inc. (“Morningside Church”), Morningside Church
Productions, Inc. (“Morningside Church Productions”), and Jim Bakker (“Pastor Bakker”), for
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their complaint seeking prospective declaratory and injunctive relief against Defendants Leslie
Rutledge, in her official capacity as the Attorney General for the State of Arkansas (“Rutledge”),
Kimberly R. H. Lewis, in her official capacity as the District Attorney for the County of Merced,
California (“Lewis”), Tori Verber Salazar, in her official capacity as the District Attorney for the
County of San Joaquin, California (“Salazar”), and Mike Feuer, in his official capacity as the City
Attorney for the City of Los Angeles, California (“Feuer”), state:
Introduction
1. This action presents the question of whether a state governmental agency can, consistent with the protections and proscriptions of the First Amendment to the United States
Constitution, compel a church and its pastor to disclose the identity and contribution methods and history of its congregants because they may hold and express divergent or unpopular religious viewpoints, or solicit religious contributions and support for the church’s mission in a manner different from other religions. It similarly presents the question of whether a governmental agency may, in the name of “consumer protection,” intrusively supervise, inquire into, censor, or punish religiously-motivated speech of a pastor to his congregation.
The Parties
2. Morningside Church is a church and Missouri not-for-profit corporation, with its headquarters located in Blue Eye, Stone County, Missouri.
3. Morningside Church Productions is Missouri corporation wholly owned by
Morningside Church, with its headquarters located in Blue Eye, Stone County, Missouri.
4. Pastor Bakker is an employee of Morningside Church and Morningside Church
Productions, and is a citizen of the State of Missouri and resident of Blue Eye, Stone County,
Missouri.
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5. Rutledge is the current Attorney General for the State of Arkansas, and is named as a defendant in her official capacity only.
6. Lewis is the current District Attorney for Merced County, California, and is named as a defendant in her official capacity only.
7. Salazar is the current District Attorney for San Joaquin County, California, and is named as a defendant in her official capacity only.
8. Feuer is the current City Attorney for the City of Los Angeles, California, and is named as a defendant in his official capacity only.
9. On information and belief, all conduct of Lewis described herein was joined in, supported by, and undertaken in concert with Salazar and Feuer after a meeting of the minds.
10. On information and belief, all conduct of Feuer described herein was joined in, supported by, and undertaken in concert with Lewis and Salazar after a meeting of the minds.
Venue and Jurisdiction
11. This is an action arising under 28 U.S.C. § 2201, 42 U.S.C. § 1983, and the First,
Fifth, and Fourteenth Amendments to United States Constitution, and is brought pursuant to 28
U.S.C. § 1331 and 28 U.S.C. § 1343.
12. A substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated, in Stone County,
Missouri, including, inter alia, the subpoena and investigative demands at issue (a) relate to the purported conduct of Plaintiffs in Stone County, Missouri, (b) were served or delivered to one or more Plaintiffs in Stone County, Missouri, (c) purport to compel conduct of Plaintiffs in Stone
County, Missouri, and (d) seek documents, writings, communications, and electronically stored information and data that are situated in Stone County, Missouri.
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Morningside & Pastor Bakker
13. Morningside Church Productions produces The Jim Bakker Show.
14. The Jim Bakker Show is an hour-long daily broadcast of a Morningside Church religious service filmed in Blue Eye, Stone County, Missouri, featuring prophetic and Biblical revelations.
15. One of the central tenants of Plaintiffs’ religious beliefs, teachings, and practices is to fulfill the Great Commission of Jesus Christ to “go into all the world and preach the Gospel to every creature” (Mark 16:15).
16. In accordance with their sincerely held religious beliefs, Plaintiffs spread the
Gospel through “all means” which include, but are not limited to: television, radio, internet, and other forms of media for the purpose of educating people in the Word of God and their religious beliefs.
17. Plaintiffs, in accordance with their sincerely held religious beliefs, consider each of the persons who view The Jim Bakker Show, observe their other forms of media inculcation, or financially contribute to their ministry to be members of Morningside Church’s congregation, and refer to such persons as Morningside Church’s “partners.”
18. The Jim Bakker Show seeks to teach the Bible and teach others to minister the
Word of God by making available to its partners sound teaching and wisdom revealed by God to everyday problems that arise in what they believe to be the end times prophesied in the Book of
Revelation.
19. In accordance with Plaintiffs’ religious beliefs, they consider the entire service, including the remarks of Pastor Bakker, pastoral staff, and guests, to constitute a sermon directed to each of their partners.
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20. The filming and broadcast of The Jim Bakker Show serves as a method to express
Plaintiffs’ religious beliefs, is itself an expression of Plaintiffs’ underlying religious beliefs, an effort to inculcate, and an important religious practice of itself.
21. Plaintiffs hold to the teachings of the Bible regarding God’s promise to return and save those who have confessed that Jesus is Lord (Romans 10:9-10), obeyed God’s commandments and remained faithful to Jesus (Revelation 14:12), and Pastor Bakker and
Morningside preach the imminent, personal, pre-millennial Second Coming of the Lord Jesus
Christ (1 Thessalonians 4:15-17; Titus 2:13, 2 Peter 3:10-14; Matthew 24:3-44; Revelation 11:15-
18; 19:11-16), and love and wait for His appearing (2 Timothy 4:8).
22. Plaintiffs’ deeply held belief in the imminent second-coming of Jesus Christ informs their daily lives and choices.
23. Plaintiffs encourage Morningside Church’s partners and congregants to ready themselves spiritually, mentally, and physically for the Second Coming of Jesus Christ by, among other things:
(a) “bring[ing] the whole tithe into the storehouse, that there may be food in
my house” (Malachi 3:10);
(b) maintaining a disciplined lifestyle and treating their bodies as temples of the
Holy Spirit and instruments of righteousness (Jeremiah 33:6; 1 Corinthians 6:19-20, 10:31;
Romans 6:13; 3 John 1:2);
(c) living to “let your conduct be worthy of the gospel of Christ” (Philippians
1:27) to stand before God as “a workman who need not be ashamed, rightly dividing the
word of truth” (2 Timothy 2:15); and
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(d) preparing for scarce times by storing up provisions for use in the future
(Genesis 41:1-57; Revelation 24:6-14; Luke 21:10-11; Revelation 6:1-8).
24. Plaintiffs’ sincerely-held religious beliefs require them to, through their speech and expression conduct, encourage their partners to prepare spiritually, mentally, and physically for the second-coming of Christ, and assist them in doing so by bringing experts to their broadcasts to teach how to accomplish this goal.
25. An integral part of this expressive ministry and practice, as well as the doctrinal teachings of their religion, includes educating their partners concerning, and offering their partners, products, including Silver Solution, that Plaintiffs believe have been made available to this generation by God.
26. Plaintiffs, in accordance with the doctrinal teachings of their religion, believe in providing practical tools and supplies to prepare for the end-times, in conjunction with the solicitation of funds for the ministry, and have offered Silver Solution to their partners for more than a decade as part of their religious practice and expression.
27. Each of the products offered on The Jim Bakker Show, including Silver Solution, are products that Plaintiffs feel divinely inspired to offer to the world, and such offerings are an integral part of Plaintiffs’ religious mission to prepare their partners physically, spiritually, and mentally for the Second Coming, and are a vital part of how they interact with their partners to spread the Word of God.
28. Educating their partners concerning, and offering to their partners, products, including Silver Solution, in conjunction with the solicitation of funds for the ministry serves as an expression of Plaintiffs’ religious beliefs, an effort to inculcate, and an important religious practice of itself.
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29. The solicitation of funds in conjunction the offering of products, including Silver
Solution, while an important religious practice of Plaintiffs, is incidental and collateral to their main object to inculcate and facilitate their religious message of preparedness for the end-times.
30. The identities of Plaintiffs’ religious partners and their contribution histories are not public information, or information voluntarily shared with any governmental agencies, and pursuant to Plaintiffs’ sincerely held religious beliefs and religious practices, such information is held in confidence between the individual partner, the Plaintiffs, and God.
31. Plaintiffs have faced, and Plaintiffs’ partners are likely to face retaliation, ridicule, and harassment for their association, religious beliefs, religious expression, and contributions.
32. For example, in just the last month, Plaintiffs have been the subject of well over nine hundred news articles or internet posts, and thousands of derogatory, intimidating, and harassing comments directed to both Plaintiffs and their partners, related to Plaintiffs offering of
Silver Solution in conjunction with religious solicitations of funds, many of which falsely refer to
Plaintiffs’ ministry as a “scam” and the religious product taught about and offered through its sermons as “snake oil,” even though the product is legally sold across the country by numerous other outlets, including GNC and CVS.
33. On information and belief, Defendants seek the identities of the Plaintiffs’ partners for the purpose of contacting and harassing such partners to further their unlawful object to inhibit
Plaintiffs’ religious exercise and expression, to interfere with the religious expression of financial contribution to the Plaintiffs’ ministry, and to cause irreparable injury to Plaintiffs’ religious ministry, mission, and beliefs.
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Feuer’s March 11, 2020 Conduct & Credible Threats of Future Conduct
34. On or about March 11, 2020, Feuer sent a letter (the “March 11th Letter”) to Pastor
Bakker and “The Jim Bakker Show” threatening that his office brings lawsuits on behalf of the
People of the state of California, to stop unlawful, unfair, and fraudulent business acts and practices, including deceptive and misleading advertising.
35. On information and belief, the March 11th Letter was sent by Feuer acting in concert with Lewis and Salazar, and not sent in connection with any ongoing state judicial proceeding.
36. In his March 11th Letter, Feuer asserted that, under California law which he possesses statutory authority to enforce, he can require any person offering a product to California residents to substantiate any “advertising claim,” including any claims that (1) purport to be based on factual, objective, or clinical evidence, (2) compare a product’s effectiveness or safety to that of other brand or products, or (3) purport to be based on any fact.
37. In his March 11th Letter, Feuer expressed the government’s displeasure with the content of Pastor Bakker’s sermons, stating that Los Angeles, California, was “referred to recently on your show as a ‘cesspool of disease,’ while making alarmist statements about COVID-19 and hawking Silver Solution and other products you make available” to California residents.
38. Feuer’s March 11th Letter, in retaliation and as harassment for Plaintiffs’ sermons, demanded that Pastor Bakker, within the state of Missouri, compile and produce evidence of the facts on which certain statements allegedly made during Plaintiffs’ sermons were based, and threatened that failure to “adequately substantiate” the statements made in the context of the religious sermons would result in an immediate termination or modification of such statements by way of injunction, with or without notice, or the dissemination by Feuer of information to the
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public concerning the alleged veracity of Pastor Bakker’s sermons or why his sermons are allegedly misleading.
Rutledge’s March 24, 2020 Conduct & Credible Threats of Future Conduct
39. On or about March 24, 2020, Rutledge, in retaliation and as harassment for
Plaintiffs’ sermons, delivered to both Morningside Church Productions and Pastor Bakker a Civil
Investigative Demand (the “CID”).
40. In connection with the CID, Rutledge represented that she had determined the public interest warranted an investigation to ascertain whether Morningside Church Production and Pastor Bakker had engaged in any activity which would constitute deception and unconscionable trade practices under the Arkansas Deceptive Trade Practices Act, A.C.A. § 4-88-
101, et seq. (the “ADTPA”), and that Morningside Church Productions and Bakker had information and documents relevant to the investigation.
41. Rutledge possesses statutory authority to enforce the ADTPA.
42. The ADTPA does not apply to, among others, broadcasters, printers, or publishers, or to transactions permitted the Arkansas Insurance Commissioner, Securities Commissioner,
State Highway Commission, Bank Commissioner, Public Service Commission, municipal authority, Federal Energy Regulatory Commission, Federal Communications Commission, or other regulatory body acting under statutory authority of the State of Arkansas or the United States, regardless of the content of such transactions, leaving appreciable damage to the interests purportedly served by the statutory scheme unprohibited.
43. The ADTPA purports to prohibit not only false statements, but also statements which, although true, are either misleading or unconscionable, including those that may merely affront ones’ sense of decency or reasonableness.
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44. In connection with the CID, Rutledge represented that if Morningside Church
Productions or Pastor Bakker failed to comply with her demand, such failure would result in suspension of their “business activities in the state of Arkansas” or the enjoining of their “sale or advertisement of any goods or services.”
45. The CID was not issued in connection with any ongoing state judicial proceeding.
46. The CID purports to compel Plaintiffs (including Morningside Church) to, within the State of Missouri, affirmatively state, disclose, and compile all documents concerning, inter alia, the following for the period of January 1, 2020, to present:
(a) the names and addresses of Plaintiffs’ partners;
(b) the financial contribution histories of Plaintiffs’ partners;
(c) communications with Plaintiffs’ partners concerning contributions; and
(d) the content of all sermons delivered, and other means of inculcation made
available, to its partners by Plaintiffs.
47. On May 14, 2020, counsel for Plaintiffs discussed the scope of the CID with
Rutledge’s office, and agreed to limit the scope of the CID.
48. On May 15, 2020, Plaintiffs complied with the CID as limited by agreement.
49. On May 27, 2020, Rutledge informed Plaintiffs that they would be required to provide “full responses, including all questions answered and requested document provided,” no later than June 12, 2020.
Lewis’s May 4, 2020 Conduct & Credible Threats of Future Conduct
50. On or about May 4, 2020, Lewis, in retaliation and as harassment for Plaintiffs’ sermons, delivered to Morningside Church Productions and Pastor Bakker a Subpoena to Produce
Books, Records, Papers, Media and Documents, and Answer Interrogatories (the “Subpoena”).
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51. In connection with the Subpoena, Lewis represented that there was reason to believe Morningside Church Productions and Pastor Bakker violated the California False
Advertising Law, Cal. Bus. & Prof. Code § 17500 (“FAL”), and California Unfair Competition
Law, Cal. Bus. & Prof. Code § 17200 (“UCL”), which, generally prohibit, respectively, the use of statements that are “untrue or misleading” in connection with the disposition of personal property or the performance of services, and “any unlawful, unfair, or fraudulent business act and unfair, deceptive, untrue or misleading advertising….”
52. Lewis, Salazar, and Feuer possess statutory authority to enforce the FAL and UCL.
53. The FAL and UCL except or exempt from their requirements numerous transactions or entities leaving appreciable damage to the interests purportedly served by those statutory schemes unprohibited.
54. The FAL and UCL purport to prohibit not only false statements, but also statements which, although true, are either misleading or have merely a capacity, likelihood, or tendency to deceive or confuse.
55. In connection with the Subpoena, Lewis represented that if Morningside Church
Productions or Pastor Bakker failed to comply they would be liable to penalties provided by law.
56. The Subpoena was not issued in connection with any ongoing state judicial proceeding.
57. The Subpoena purports to compel Plaintiffs (including Morningside Church) to, within the State of Missouri, affirmatively state, disclose, and compile all documents concerning, inter alia, the following for the period of March 26, 2016, to present:
(a) the names and addresses of Plaintiffs’ partners;
(b) the financial contribution histories of Plaintiffs’ partners;
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(c) communications with Plaintiffs’ partners concerning contributions; and
(d) the content of all sermons delivered, and other means of inculcation made
available, to its partners by Plaintiffs;
(e) the training and qualifications of persons delivering sermons at Plaintiffs’
church services;
(f) agreements between Plaintiffs and their partners; and
(g) the veracity of the content of sermons delivered at Plaintiffs’ church
services.
58. On May 22, 2020, counsel for Plaintiffs discussed the scope of the Subpoena with
Lewis’s, Salazar’s, and Feuer’s offices, and proposed that the scope of the Subpoena be unilaterally limited by Lewis, Salazar, and Feuer to avoid contravention of constitutional concerns.
59. Lewis, Salazar, and Feuer did not ultimately agree to unilaterally limit the scope of the Subpoena, and such decision was conveyed to Plaintiffs on May 28, 2020.
60. At present, Plaintiffs deadline to respond to the Subpoena is June 10, 2020.
Infringement of Plaintiffs’ Constitutional Rights & Claim for Prospective Declaratory and Injunctive Relief
61. Defendants, through their application of the ADTPA, FAL, and UCL to Plaintiffs, including but not limited to the Defendants’ investigations, CID, and Subpoena, seek to, and if not enjoined will continue to: (a) compel the disclosure of the identities of Plaintiffs’ partners and their contribution histories, religious communications between the partners and Plaintiffs, and agreements between the Plaintiffs and the partners; (b) compel the disclosure of the secular training and qualifications of those Plaintiffs have authorized in the exercise of their religious functions to deliver sermons to Plaintiffs’ partners; (c) compel the disclosure of the content of Plaintiffs’ sermons for secular regulation, supervision, inquiry, approval, disapproval, classification,
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regulation, or control; (d) inhibit Plaintiffs’ religious practice and exercise; (e) cease or chill
Plaintiffs’ religious speech, expressive conduct, and inculcation; and (f) harass, punish, and retaliate against Plaintiffs for their constitutionally-protected speech and expressive conduct, and religious beliefs and practices.
62. As a result of Defendants express assertion that Plaintiffs’ offering of Silver
Solution to its partners violates the ADTPA, FAL, and UCL, and threat of imminent legal action both with respect to the alleged violations of those statutes and non-compliance with the CID and
Subpoena, Plaintiffs reasonably fear legal action is imminent and certainly impending.
63. This reasonable fear of imminent and certainly impending legal action has caused or contributed to Plaintiffs discontinuing their religiously-motivated offering of Silver Solution to their partners in conjunction with the solicitation of funds for their ministry, and ceasing or limiting their preaching on aspects of world events and on products they believe have been provided to this generation by God, infringing upon Plaintiffs’ religious expression and practice.
64. Both California and Arkansas law provide for the issuance of injunction, in the form of a temporary restraining order, without notice to the defendant, and without an opportunity to be heard or to assert defenses, including, inter alia, defenses arising under the First Amendment to the United States Constitution.
65. The ADTPA, FAL, and UCL, in their application to Plaintiffs by Defendants, including but not limited to the Defendants’ investigations, CID, and Subpoena, have violated and continue to violate the Establishment Clause of the First Amendment to the United States
Constitution by, inter alia, purporting to (a) regulate, supervise, and inquire into, purely religious affairs, including the content of Plaintiffs’ religious sermons, the relationships between Plaintiffs
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and their partners, and the contribution histories of Plaintiffs partners, and (b) approve, disapprove, classify, regulate, or control such sermons, relationship, or contributions.
66. The ADTPA, FAL, and UCL, in their application to Plaintiffs by Defendants, including but not limited to the Defendants’ investigations, CID, and Subpoena, have violated and continue to violate the Free Exercise Clause of the First Amendment to the United States
Constitution by, inter alia, purporting to punish the expression and practice of religious doctrines, and performance of physical acts of religious exercise, that Defendants believe to be false or misleading, and such laws are not narrowly tailored to advance interests of the highest order.
67. The ADTPA, FAL, and UCL, in the application to Plaintiffs by Defendants, including but not limited to the Defendants’ investigations, CID, and Subpoena, have violated and continue to violate the Free Speech and Free Press Clauses of the First Amendment to the United
States Constitution by, inter alia, imposing content-based regulation or restriction of speech, including religious speech and speech on matters of public concern, that does more than propose a mere commercial transaction, and such laws are not narrowly tailored to serve compelling state interests.
68. The ADTPA, FAL, and UCL, in the application to Plaintiffs by Defendants, including but not limited to the Defendants’ investigations, CID, and Subpoena, have violated and continue to violate the freedom of association protected by the First Amendment to the United
States Constitution by, inter alia, compelling the disclosure of the identities, contribution histories, and communications of Plaintiffs’ partners.
69. The ADPTA, FAL, and UCL are facially overbroad in that they purport to regulate a substantial amount of protected speech and expressive conduct, including religiously-motivated
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speech and expressive conduct, in violation of the Free Exercise and Free Speech Clauses of the
First Amendment to the United States Constitution.
70. The ADTPA, FAL, and UCL fail to clearly define the conduct that is prohibited, fail to provide a person of ordinary intelligence fair notice of what is prohibited, and encourage seriously discriminatory enforcement, in violation of the Due Process Clause of the Fifth
Amendment to the United States Constitution.
71. Defendants’ conduct unduly burdens Plaintiffs’ First Amendment rights to exercise their religion free from excessive governmental interference or entanglement, including the rights to freedom of religious belief and freedom of association.
72. Plaintiffs have suffered and are suffering an injury-in-fact that is fairly traceable to the conduct of Defendants challenged herein, which would be redressed by a favorable decision.
73. Plaintiffs are presently subject to a credible threat of legal action by Defendants, which has chilled its religiously-motivated speech and conduct, including the offering of Silver
Solution to its partners.
74. Defendants conduct as set forth herein was in retaliation for Plaintiffs’ constitutionally protected speech and expressive conduct, including speech and expressive conduct protected by the Free Exercise Clause, Free Speech Clause, and Free Press Clause of the First
Amendment to the United States Constitution.
75. Attached hereto and incorporated herein as “Exhibit 1” is the Declaration of
Maricella Woodall.
WHEREFORE, Plaintiffs Morningside Church, Inc., Morningside Church Productions,
Inc., and Jim Bakker, respectfully pray for the Court to enter judgment in their favor and against
Defendants Leslie Rutledge, in her official capacity as the Attorney General for the State of
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Arkansas, Kimberly R. H. Lewis, in her official capacity as the District Attorney for the County of Merced, California, Tori Verber Salazar, in her official capacity as the District Attorney for the
County of San Joaquin, California, and Mike Feuer, in his official capacity as the City Attorney for the City of Los Angeles, California:
(1) declaring that the ADTPA, FAL, and UCL are unconstitutional as applied
to Plaintiffs in connection with the content of their sermons, efforts to inculcate, and
solicitation of contributions in conjunction the offering of products, including Silver
Solution, as part of Plaintiffs’ religious practice, exercise, and expression;
(2) declaring that Plaintiffs religiously-motivated speech and expressive
conduct in the form of sermons, efforts to inculcate, and solicitation of contributions in
conjunction with the offering of products, including Silver Solution, as part of Plaintiffs’
religious practice and exercise, may not be infringed by investigation under, or
enforcement or application of, the ADTPA, FAL, or UCL;
(3) declaring that the CID and Subpoena issued by Defendants violate
Plaintiffs’ rights guaranteed by the United States Constitution, including but not limited to
Plaintiffs’ and their partners’ right to freedom of association;
(4) declaring that the ADTPA, FAL, and UCL are unconstitutionally
overbroad;
(5) enjoining Defendants from taking any action against Plaintiffs for their
alleged violation of the ADTPA, FAL, or UCL resulting from content of their sermons,
efforts to inculcate, or solicitation of contributions in conjunction with the offering of
products, including Silver Solution, as part of Plaintiffs’ religious practice and exercise;
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(6) enjoining Defendants from taking any action against Plaintiffs for their failure to comply with the CID or Subpoena; and
(7) granting Plaintiffs such other and further relief as the Court deems just and proper.
Respectfully submitted,
/s/ Derek A. Ankrom Jeremiah W. (Jay) Nixon Mo. Bar No. 29603 Arsenio L. Mims Mo. Bar No. 68771 DOWD BENNETT LLP 7733 Forsyth Boulevard, Ste. 1900 St. Louis, MO 63150 Telephone: 314-889-7300 Facsimile: 314-863-2111 [email protected] [email protected]
and
Derek A. Ankrom Mo. Bar No. 63689 Benjamin J. Shantz Mo. Bar No. 70352 SPENCER FANE LLP 2144 E. Republic Road, Ste. B300 Springfield, MO 65804 Telephone: 417-888-1000 Facsimile: 417-881-8035 [email protected] [email protected]
Attorneys for Plaintiffs Morningside Church, Inc., Morningside Church Productions, Inc., and Jim Bakker
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DECLARATION OF MARICELA WOODALL
1. My name is Maricela Woodall. I am of legal age and sound mind. I have personal knowledge of the facts set forth herein, and the same are true and correct.
2. I am the President of Morningside Church Productions, Inc. (“Morningside Church
Productions”). Morningside Church Productions is wholly owned by Morningside Church, Inc.
(“Morningside Church”), a church and not-for-profit corporation, of which I am the Chief
Operating Officer.
3. The headquarters of both Morningside Church and Morningside Church
Productions is in Blue Eye, Stone County, Missouri.
4. Pastor Bakker is an employee of both Morningside Church and of Morningside
Church Productions, and he resides in Blue Eye, Stone County, Missouri.
5. The Jim Bakker Show, produced by Morningside Church Productions, is an hour- long daily broadcast of a Morningside Church religious service filmed in Blue Eye, Stone County,
Missouri, featuring prophetic and Biblical revelations.
6. One of the central tenants of our religious beliefs, teachings, and practices is to fulfill the Great Commission of Jesus Christ to “go into all the world and preach the Gospel to every creature” (Mark 16:15). In accordance with this tenant, we spread the Gospel through “all means” which include, but are not limited to: seminars, television, radio, internet, and other forms of mass media for the purpose of educating people in the Word of God and our religious beliefs.
7. We consider each of the persons who view The Jim Bakker Show, or observe our other forms of mass media, to be members of our congregation and refer to such persons as our
“partners.” 1 Exhibit
1 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 1 of 10
8. In accordance with the doctrinal teachings of our sincerely-held religious beliefs,
The Jim Bakker Show seeks to teach the Bible and teach others to minister the Word of God by
making available to its partners sound teaching and wisdom revealed by God to everyday problems
that arise in what we believe to be the end times prophesied in the Book of Revelation.
9. In accordance with our religious beliefs, we consider the entire service, including the remarks of Pastor Bakker, pastoral staff, and guests, to constitute a sermon directed to each of our partners.
10. To us, the filming and broadcast of The Jim Bakker Show serves as an expression of our underlying religious beliefs, an effort to inculcate, and an important religious practice of itself.
11. We hold to the teachings of the Bible regarding God’s promise to return and save those who have confessed that Jesus is Lord (Romans 10:9-10), obeyed God’s commandments and remained faithful to Jesus (Revelation 14:12), and Pastor Bakker and Morningside preach the imminent, personal, pre-millennial Second Coming of our Lord Jesus Christ (1 Thessalonians
4:15-17; Titus 2:13, 2 Peter 3:10-14; Matthew 24:3-44; Revelation 11:15-18; 19:11-16), and love and wait for His appearing (2 Timothy 4:8). Our deeply held belief in the imminent second-coming of Jesus Christ informs our daily life and choices. Morningside encourages its partners and congregants to ready themselves spiritually, mentally, and physically for the Second Coming of
Jesus Christ by, among other things:
“bring[ing] the whole tithe into the storehouse, that there may be food in my house”
(Malachi 3:10); 1 Exhibit
2 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 2 of 10
maintaining a disciplined lifestyle and treating their bodies as temples of the Holy
Spirit and instruments of righteousness (Jeremiah 33:6; 1 Corinthians 6:19-20,
10:31; Romans 6:13; 3 John 1:2);
living to “let your conduct be worthy of the gospel of Christ” (Philippians 1:27) to
stand before God as “a workman who need not be ashamed, rightly dividing the
word of truth” (2 Timothy 2:15); and
preparing for scarce times by storing up provisions for use in the future (Genesis
41:1-57; Revelation 24:6-14; Luke 21:10-11; Revelation 6:1-8).
12. Pastor Bakker regularly preaches on and finds inspiration from the story of Joseph in the Book of Genesis. Genesis, Chapter 41, tells the story of when Pharaoh placed Joseph in charge of Egypt, Joseph collected one-fifth of all grain produced in Egypt during a seven-year period of abundance, because he interpreted Pharaoh’s visions as prophesying an impending seven year famine. When the famine came, Egypt was prepared as a result of Joseph’s preparation and discipline to collect and store grain. Pastor Bakker uses this teaching to illustrate how
Morningside’s partners and congregants must prepare for “patient endurance” that will be required of all Christians prior to the second-coming of Jesus Christ (Revelation 14:12).
13. The Bible repeatedly calls on Christians to prepare themselves for the end times, in
John’s letters to the Seven Churches found in the Book of Revelation, he repeatedly admonishes his fellow Christians to be prepared to overcome the struggles and suffering that will be ushered in prior to the second-coming of Jesus Christ (Revelation 2:7, 11, 17, 26; 3:5, 12, 21). In Matthew
24:3-44, Mark 13:3-37, and Luke 21:7-36, Jesus reveals to his disciples events (such as famines, epidemics, earthquakes, natural disasters, great tribulation, etc.) that will take place before the 1 return of the Lord and of the end of the age. Exhibit
3 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 3 of 10
14. As frequently executed in previous sermons filmed for The Jim Bakker Show,
Pastor Bakker, on December 31, 2019, again shared several of the foundational Scriptures for the events that would soon come upon the world. Unbeknownst to Pastor Bakker, this was the very day Chinese authorities first reported what has now become known as COVID-19 to the World
Health Organization and before it was reported in United States’ news media. We believe that this event, which has resulted in massive world-wide turmoil, lockdowns, and other lasting effects, could be part of fulfilling the Biblical prophecy presented in Matthew 24:7 and Revelation 6:7-8.
15. The Bible instructs that “if the watchman sees the sword come and does not blow the trumpet and the people are not warned and a sword comes and takes a person from among them, he is taken away in his iniquity. But his blood I will require from the hand of the watchman.”
(Ezekiel 33:6). Accordingly, we feel divinely called by God to make our partners aware of, and comment upon, current events – including, recently, the COVID-19 pandemic – and this expression and practice is an important part of our religious beliefs.
16. Our sincerely-held religious beliefs require us to encourage our partners to prepare spiritually, mentally, and physically for the second-coming of Christ, and assist them in doing so by bringing experts to our broadcasts to teach how to accomplish this goal. An integral part of this expressive ministry and practice, as well as the doctrinal teachings of our religion, includes educating our partners concerning, and offer them, products, including Silver Solution, that we believe have been made available to this generation by God. We believe in providing practical tools and supplies to prepare for the end-times, in connection with the solicitation of funds for the ministry.
17. Each of the products offered on The Jim Bakker Show, including Silver Solution, 1 are products that Pastor Bakker and Morningside feel divinely inspired to offer to the world. Such Exhibit
4 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 4 of 10
offerings are an integral part of Morningside’s mission and a vital part of how we interact with our partners to spread the Word of God.
18. Educating our partners concerning, and offering them, products, including Silver
Solution, in connection with the solicitation of funds for the ministry serves as an expression of our religious beliefs, an effort to inculcate, and an important religious practice of itself.
19. Solicitation of funds for our ministry in connection with the offering of product, including Silver Solution, while an important part of our religious belief and practice, is incidental and collateral to our main object to spread our religious beliefs and practices, and facilitate our message of preparedness for the end-times.
20. Governmental action that penalizes, or prevents, or seeks to penalize or prevent, our offering of Silver Solution in connection with our commenting upon or discussion of current events, including COVID-19, during The Jim Bakker Show, or to censor or punish, or require additions to, the content of the sermons delivered by Pastor Bakker, pastoral staff, and guests, substantially restricts and chills our religiously-motivated speech, as well as our actions or refusals to act that are substantially motivated by our religious beliefs.
21. In accordance with our sincerely held religious beliefs, the relationship between our church and its partners is sacred and is held in confidence between us, the individual partner, and
God; the identities and contribution histories of our partners are not public information, nor do we voluntarily share such information with government agencies.
22. We have faced retaliation, ridicule, and harassment from the public and from government agencies for our religious beliefs, practices, and expression. For example, since May
5, 2020, Morningside Church, Morningside Church Productions, and/or Pastor Bakker have the 1 subject of more than nine hundred news articles or internet posts, as well as thousands of Exhibit
5 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 5 of 10
derogatory, intimidating, and harassing comments directed to us and our partners, related to our offering of Silver Solution in connection with our religious solicitation of funds.
23. These articles, posts, and comments have falsely referred to our ministry by any number of vitriolic terms, including, for example, “scam,” “scheme,” “shameful,” and “carnival act”; to Pastor Bakker as a “con man,” “con-artist,” “crazy man,” “charlatan,” “greedy,” “weasel,”
“piece of scum,” “snake oil salesman,” “crook,” “fake clergy,” and “false prophet”; to our partners as “stupid,” “suckers,” or not being “in the right mind”; and those associated with the ministry as having “sold [their] soul to the devil.”
24. If the names and/or contribution histories of our partners are forced by a governmental agency to be revealed, our partners would undoubtedly be subjected to similar derogation, intimidation, and harassment.
25. On or about March 11, 2020, we received a letter from Mike Feuer, the City
Attorney for the City of Los Angeles (“Feuer”), directed to Pastor Bakker and “The Jim Bakker
Show,” threatening that his office “brings lawsuit on behalf of the People of the state of California, to stop unlawful, unfair, and fraudulent business acts and practices, including deceptive and misleading advertising,” and implying that we had engaged or were engaging in such conduct (the
“Letter”).
26. A true and accurate copy of Feuer’s Letter is attached hereto as “Exhibit 1-A.”
27. In his March 11, 2020 letter, Feuer asserted:
1 Exhibit
6 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 6 of 10
28. The retaliatory and harassing purpose of this for the content of Pastor Bakker’s
prior sermons, are reflected by Mr. Feuer’s expression of the government’s displeasure with such
content:
29. In retaliation and as harassment for, the content of our sermons, Feuer demanded
that we compile and produce evidence supporting the truth of the sermons.
30. On or about March 24, 2020, we received two letters directed to Pastor Bakker and
Morningside Church Productions, each accompanied by a “Civil Investigative Demand,” from
Leslie Rutledge, the Attorney General for the State of Arkansas (the “CID”).
31. A true and accurate copy of the CID and cover letter received by Pastor Bakker, which is identical in substance to those received by Morningside Church Productions, is attached hereto as “Exhibit 1-B.”
32. The CID cover letters state, in part:
33. The information and documents sought in the CID would include (a) the names and addresses of our partners, (b) the financial contribution methods and histories of our partners, (c) 1 communications with our partners concerning contributions and other religious matters, and (d) Exhibit
7 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 7 of 10
the content of all sermons delivered, and other means of inculcation made available, to our partners.
34. As a result of an agreement reached between our counsel and counsel for Rutledge’s office limiting the scope of the CID, we complied with the CID as limited by the agreement.
35. On May 27, 2020, we received a letter indicating that Rutledge would no longer honor the limiting agreement, and demanding that we provide “full responses, including all questions answered and requested documents provided,” no later than June 12, 2020.
36. On or about May 4, 2020, we received a “Subpoena to Produce Books, Records,
Papers, Media and Documents, and Answer Interrogatories,” from Kimberly R. H. Lewis, the
District Attorney for the County of Merced, California (the “Subpoena”).
37. A true and accurate copy of the Subpoena is attached hereto and incorporated herein as “Exhibit 1-C.”
38. The Subpoena states, in part:
39. The information and documents sought in the Subpoena would include (a) the names and addresses of our partners, (b) the financial contribution methods and histories of our partners, (c) communications with our partners concerning contributions and other religious matters, (d) the content of all sermons delivered, and other means of inculcation made available, 1 to our partners, (e) the training and qualifications of persons delivering sermons at our church Exhibit
8 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 8 of 10
services, (f) agreements between us and our partners, and (g) the veracity of content of sermons delivered at our church services.
40. In response to the Subpoena, our counsel contacted Lewis’s office to discuss the scope of the Subpoena, and were told that the Subpoena was issued in connection with a joint investigation by Lewis, Feuer, and Teri Verber Salazar, the District Attorney for the County of
San Joaquin, California, and that all offices would need to be involved in any discussion concerning limiting the scope of the Subpoena.
41. Accordingly, on May 22, 2020, our counsel had a conference call with the offices of Lewis, Feuer, and Salazar, and requested that those officials unilaterally limit the scope of the
Subpoena to address our Constitutional concerns with respect to the information and documents sought.
42. The offices of Lewis, Feuer, and Salazar agreed to extend the deadline for us to respond to the Subpoena to June 10, 2020, however, May 28, 2020, they indicated that they would not agree to unilaterally limit the scope of the Subpoena in a way that satisfies our Constitutional concerns.
43. As a result of the Letter, Subpoena, and CID received by Morningside Church
Productions and Pastor Bakker, including the assertion that offer of Silver Solution to our partners violates the law of those states, and the threat of imminent legal action for alleged violation of state law and non-compliance with the CID and Subpoena, with which we are unwilling to fully comply due to our religious beliefs and Constitutional concerns, we fear that legal action is imminent and certainly impending and believe that such fear is objectively reasonable.
44. Our reasonable fear that legal action is imminent and certainly impending has 1 caused or contributed to discontinuing our offering of Silver Solution to our partners in connection Exhibit
9 Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 9 of 10 with the solicitation of funds for our ministry, and to ceasing or limiting our preaching on aspects of world events and on products we believe have been provided to this generation by God.
45 . Governmental action that asserts our offering of Silver Solution to our partners violates the law, threats of imminent legal action for alleged violation of state law, and compelled production of information and documents concerning our partners, their contributions, and the content of our sermons for review and approval or disapproval by secular authorities (all of which are contained in the Letter, Subpoena, and CID), substantially restricts and chills our religiously- motivated speech, as well as our actions or refusals to act that are substantially motivated by our religious beliefs.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 5, 2020, in Blue Eye, Stone County, Missouri.
'/?/~ tiJCc?~ Maricela Woodall 1 Exhibit 10
Case 3:20-cv-05050-MDH Document 1-1 Filed 06/05/20 Page 10 of 10 ... ~ -."ft.· ! k .
MIKE FEUER CITY ATI'ORNEY
March 11, 2020
VIA ELECTRONIC MAIL AND OVERNIGHT DELNERY
Mr. Jatp.es Orsen Bakker The Jim Bakker Show 180 Grace Chapel Road, Suite A Blue Eye, Mi~souri, 65611 partner.serviees@ji,qtba.kkershow.com wel;>site@ji¢1-ershow.com
Re: Sgbstantiation.ofSIWer Solution ~d~er.ttsin& Claims
Mr. Bakker;
~sJetter concerns certain claims made by you and your surrogates on The Jim Bakker Show in recent weeks, tegarding the Silver Solution product sold by the show. Most COJ:\C~g to our Oftiictl~e clairns~~~t!Jtg Silver Solution as a "tested,'? proven, and ~ffective reQledy tbat ''Wo.rk$ o.n jJ)St"llQout eve~g:" l~luding vitiQS~s like the 2019 novel coronavirus (COVID-19). 1
The ·~s Angeles City Attorney's Office r~resents mor-e th811, 4 milliol;l residents-of the~· of Los ~geles, and brings l~wsuits on behalf o~ the ~eopl~ of the Sta~e of Cali~~mi~ ~o~og ~~~, unfatr, and .fraudulent busmess acts and practices, mcluding deceptive and mtslea~g adv~stng.
We note that the Jim Bakker Show not only stlteams eJisode$ online atld,is b~dgtst on.local t~levisio~ ~-tions across C;alifonria, but also ~ecifically targets resident§ of Los .Angel~a ~eitr y.qu referred to·:receJ:\tlY O'&)p~Show as a "ces~ol of' diseas~," while making 4h~pnj$tr~~(m1s a'b~ut OOVin•l9~ !lJld~Jia~king , S~ver So1~tion and other ~qcts you make.avail@le faJ:sMe ~€aliforma - ·2 ~nsutn~.
UIM!er Califa:nia :false atvertising law, om- Office ~require any ife.t'$on d9ing business in California to sul)stantiate any -adiYerlising elf\im, including any chtims that ~1) p'®Porl-fo be ~ased on factual, objeotive, or clinical evidence, (2) compare a product's effectiveness or safey to ~t of o'ther brands or p;;,oducts, or (J) put'gort to be based on any fact. (Bus. & Prof. Code § 17 50&, subd. (b).)
1 See Jim Bakker Show number 3862~ Which aired on February 26, 2020. 1-A 2 See Jim.Baldcet Show ~er 3863, which aired on February 13, 2020.
Office of the Los Angeles City Attorney, Criminal and Special Litigation Branch, Consumer and Workplace Protection Section 200 North Main Street, sth Floor, City Hall East, Los Angeles, california 90012 Tel: (213) 9'78-8070 I Fax: (213) 978-Sm Exhibit
Case 3:20-cv-05050-MDH Document 1-2 Filed 06/05/20 Page 1 of 2 "''
. The Jim Bakk~ Show .Y March 11; 2020 Page2
This letter serves as a formal demand under section 17508 that, within five (5) calendar days of the date of this letter, you provide evidence of the facts on which the advertising claims listed b~low ate based. Failure to adequately substantiate the claims listed below may result in further action. (See·Bus. & Prof. Code § 17508, subd. (c).)
We request that your response include any ~d all business records, memoran~ or other documet)ts .that you believe substantiate the claims identified in this letter duriJ:}g the tbne perioci when such claims have been made. These supporting business records, memoranda, or other documents.should include any and all tests, ~alyses, research, studies, or other evidence based on the ex~ of professionijls ih the relevant area, which have been conducted and evaluated in an objective manner by qualified persons, using procedures generally accepted.in the profession to yield accurate LUtO reliable results. You may also provide a narrative response, provided that you produce any and al} documents referenceain the nami~vexe~onse.
CLAIMS TO BE SUBSTANTIATJID
1. " ... Silver [Solution] ... is patented, it works, we have tested it, it works o_njust about everything. "3
2. Silv~ Solution has been "[t]ested on other strains of the coronavirus, and has been able to eliminat~ it within 12 hours. Totally eliminate[s] it, kills it, deactivates it.,.. I 3. "Silver Solution has been proven ... to kill every pathogen it has ever be(m tested on ... and it can kill any of these known Viruses ... "
We !h~ yon in advl\fice for your pro!Upt cooperatio;n with this te For: MICHAELN.FEUER Los Angeles City Attorney Ce: Morningside Church Prod~~tions, me., c/o RegistereQ ;\gent Capitol Corporate Services, Inc., 2005 Bast2700 South, Suite Z.OO, Salt Lake City, UT 84109 3 Statementma~e by you on J'itp :B~er Show fi.Ut)lber 3862R, wbich,aired on FebiUJ.U'¥ 26, 2020. 4 S~temeht madeby Sberill Sei~ In response to your question asking whether ~ilver Solution w~d ~ e~~~ against 1-A COVID~t9, on the Jim Bakker Sfiow that aired on February 12~ 2020. Exhibit Case 3:20-cv-05050-MDH Document 1-2 Filed 06/05/20 Page 2 of 2 ATIORNEY GENERAL LESLIE RUTLEDGE ARKANSASAG.GOV Shannon Halijan A istant Attorney General Direct Dial: (501) 683-1509 Email: Shannon.Halijan Arkan asAG.gov March 24, 2020 VIA CERTIFIED MAIL 7017 2400 0000 4397 4817 Mr. Jim Bakker 180 Grace Chapel Road Blue Eye, MO 65611 Re: Arkansas Attorney General's Investigation of the business practices of Jim Bakker and Morningside Church Productions, Inc. during the COVID-19 crisis Dear Mr. Bakker: The Arkansas Attorney General's Office has determined it is in the public interest that an investigation be made to ascertain whether you or your company Morningside Church Productions, Inc. d/b/a Jim Bakker Show Ministry ("Morning ide") has engaged in any activity which would constitute deceptive and uncon cionable trade practices under the Arkansa Deceptive Trade Practices Act, Ark. Code Ann.§ 4-88-101, et seq ("ADTPA"). We believe you have information and documents that are relevant to this investigation. Therefore, under the authority given to the Attorney General by Ark. Code Ann.§ 4-88-111(a), you are directed and ordered to provide our Office with the reque ted statements, documentary materials, and information. You may comply by ending the requested documents and information to me, no later than fifteen (15) days after your receipt of this letter. Your attention is called to the prov1s10ns of Ark. Code Ann. § 4-88-112. Failure to comply with this CID may result in the Attorney General petitioning a circuit court for an order compelling your compliance, or such other relief as permitted by law, including suspending your business activities in the state of 1-B 323 Center Street, Suite 200, Little Rock, AR 72201 (501 ) 682-2007 1 [email protected] AGRutledge ll AGLeslieRutledge @ AGLeslieRutledge D Attorney General Leslie Rutledge @ ArkansasAG AGRutledge Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 1 of 9 Mr. Jim Bakker March 24, 2020 Page 2 Arkansas and enJOmmg the sale or advertisement of any good or serv1ce until compliance is obtained. We look forward to receiving your responses. Sincerely, ~~Shannon Halijan Assistant Attorney General SH:jl Enclosure 1-B File 1 o.: 2020-0212 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 2 of 9 INRE: ) ARKANSAS ATTORNEY GENERAL ) No. 2020-0212 INVESTIGATION OF ) JIM BAKKER & MORNINGSIDE CHURCH PRODUCTIONS, INC. CIVIL INVESTIGATIVE DEMAND DIRECTED TO JIM BAKKER The State of Arkansas, by and through Attorney General Leslie Rutledge, issues this Civil Investigative Demand pursuant to Ark. Code Ann. § 4-88-111. Your responses should be made in writing, under oath, and delivered to the Office of the Attorney General within 15 days from your receipt. These materials may be served upon Assistant Attorney General Shannon Halijan, Arkansas Attorney General's Office, 323 Center Street, Suite 200, Little Rock, AR 72201, or by email to Shannon.Halijan@ArkansasAG .gov. INSTRUCTIONS 1. Unless otherwise specified, these requests cover the time period from January 1, 2020, to present. 2. When asked to identify a person, state the person's (a) full name, (b) business and residence address, (c) employer's name and address, (d) position or occupation, and (e) if a corporation, the state of incorporation and location and address of its principal headquarters. 3. When a request or response refers to business records, or any designated documents, writing, charts, or other data compilations from which 1-B File No.: 2020-0212 Page 1 of 9 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 3 of 9 information can be obtained, the State hereby requests that respondent identify such documents. 4. If respondent does not know the answer to any request, identify the per on(s) who know(s) or would be expected to know the answer to uch request. 5. In responding to each request for documents, every ource of documents to which respondent has access should be consulted, regardless of whether the source is within respondent's immediate possession or control. 6. When asked to identify a document, state: (a) its title, (b) its subject matter, (c) its date, (d) the author or addressor, (e) the addressee, if any, (f) the recipients of all copies, (g) the form control number, (h) the custodian, (i) the document's current location, and (j) where the original copy of the document was located before it was placed in its current location. 7. For each document produced, indicate on the document or in some reasonable manner the number of the Request for Information or Request for Documents to which the document corresponds. 8. If the document was, but is no longer, in the possession of respondent, or subject to its control, or is no longer in existence, state whether it is: (a) missing or lo t, (b) destroyed, (c) transmitted or transferred, voluntarily or involuntarily to others, identifying such others, or (d) otherwise disposed of. In each such instance, explain the circumstances surrounding an authorization for such disposition and state the date or approximate date thereof. 1-B File No.: 2020-0212 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 4 of 9 9. If there is any requested document which is not identified because of any claim, privilege, or other reason, please identify each document in a manner sufficient to enable the analysis of the applicability of the privilege, tating, (a) the author or preparer of the document, (b) the date of the document, (c) the current location of the document, (d) at whose request the document was prepared, (e) the identity of all person or entities to whom the document ha been disclo ed, (f) the general subject matter of the document, and (g) the nature of the privilege(s) or other reasons asserted for not identifying the document. 10. If anything is deleted from a produced document because of any claim or privilege or for any other reason, then for each such deletion, state: (a) the reason for the deletion, (b) the subject matter of the deleted information, (c) the privilege or other reason asserted for the deletion, and (d) the factual basis giving ri e to the privilege or other reason asserted. DEFINITIONS 1. "AND" as well as "OR" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Civil Investigative Demand any information which would otherwi e be construed to be outside their scope. 2. "DESCRIBE" means a complete reports of all facts known to you about the incident, event, physical object, or other subject, together with any expert opinions about the subject matter and the basis for those opinions. 1-B File o.: 2020-0212 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 5 of 9 3. "DOCUMENT" means the complete original unless otherwise stated, and each non-identical copy, whether different from the original because of notes made on the copy or otherwise. This includes each writing of every kind and description, together with all work, back-up documents, and other relevant materials, whether inscribed by hand or mechanical, electronic microfilm, photographic, or other means, including but not limited to, recording, tape, computer, or other medium from ~hich information may be obtained. If an original document is unavailable, a complete copy must be provided. When documents are in electronic form, please provide copies of these documents in their native, original format. 4. "EMPLOYEE" means any person or persons who receive compensation of any sort in exchange for services rendered or work done pertaining to the operation of respondent, including, but not limited to, independent contractors and trainees. 5. "PERSON" means an individual, organization, group, association, partnership, corporation, or any combination of them. 6. "RESPONDENT" means Jim Bakker. 7. "STATE OF ARKANSAS," "THE STATE," and "ATTORNEY GENERAL" shall include the Office of the Attorney General and the State of Arkansas, including its agencies, departments, and instrumentalities. 8. "YOU" and "YOUR" refers to the party to whom this Civil Investigative Demand 1s directed and each of its managing agents, subsidiaries, affiliates, 1-B File No.: 2020-0212 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 6 of 9 directors, officers, agents, employees, representatives, attorneys, predecessors m interest, and any other person(s) acting on behalf of such party. REQUESTS FOR INFORMATION REQUEST NO.1: Plea e identify' each per on answermg or a sisting m answering the Civil Investigative Demand. REQUEST NO. 2: Provide a list of all social media accounts and webpages that are or have even been owned, controlled, or directed by you on any social media platform, including but not limited to Facebook, Instagram, Twitter, YouTube, Reddit, Pinterest, Linkedln, Google+, Tumblr, Blogger, WordPress, or Snapchat; this list should include the name of the social media platform, the name of the account or page, the dates for which the account or page has been active, and the account or page's URL or some platform-specific account identifier such as a username or user ID. For each account identified, list the individual by name and job title who is responsible for the social media content. REQUEST NO. 3: Identify total sales to Arkansas consumers of "Silver Solution" and related products including, but not limited to, "Silver Sol" and "Optivida Silver Solution" broken down by consumer, con umer's listed address, consumer's listed address for delivery, payment method, and products purchased. REQUEST NO.4: Identify any investigation of you by any law enforcement agency regarding "Silver Solution" and related products including, but not limited to, "Silver Sol" and "Optivida Silver Solution" or sales of your products, including federal, state, and municipal regulators. 1-B File No.: 2020-0212 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 7 of 9 REQUEST NO. 5: Identify whether any documents responsive to this CID have been lost, deleted, destroyed, or otherwise have not been maintained. REQUESTS FOR DOCUMENTS REQUEST FOR DOCUMENTS NO. 1: Provide all communications and documents concerning complaints made to · you by Arkansas consumers about "Silver Solution" and related products including, but not limited to, "Silver Sol" and "Optivida Silver Solution" sold or purchased on your platforms. For each complaint, identify the consumer, the nature of the complaint, and the actions you took in response. REQUEST FOR DOCUMENTS NO. 2: Provide records sufficient to show all telephone calls made by you or on your behalf to consumers in Arkansas to confirm orders for sale of "Silver Solution" and related products including, but not limited to, "Silver Sol" and "Optivida Silver Solution" prior to shipment of the order. REQUEST FOR DOCUMENTS NO. 3: Provide all communications and documents regarding any advertisements, promotional material , and/or marketing campaigns for "Silver Solution" and related products including, but not limited to, ·'Silver Sol" and "Optivida Silver Solution" which could have been or were in fact viewed, accessed by, or otherwise made available to Arkansas consumers, including but not limited to all print advertisements and/or marketing conducted on television, online, via SMS/MMS or other messaging service , on digital platforms, and social media platforms such as Instagram, YouTube , Snapchat, Twitter, Facebook, etc. 1-B File No.: 2020-02 12 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 8 of 9 REQUEST FOR DOCUMENTS NO. 4: Provide all communications, correspondence, or other documents that reflect, discuss, or show the total number of consumers in Arkansas who have purchased "Silver Solution" and related products including, but not limited to, "Silver Sol" and "Optivida Silver Solution". Respectfully submitted, LESLIE RUTLEDGE ATTORNEY GENERAL By: Certified Mail No: 7017 2400 0000 4397 4817 1-B File o.: 2020-0212 Exhibit Case 3:20-cv-05050-MDH Document 1-3 Filed 06/05/20 Page 9 of 9 Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 1of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 2of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 3of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 4of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 5of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 6of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 7of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 8of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 9of14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 10of 14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 11of 14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 12of 14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 13of 14 Exhibit 1-C Case 3:20-cv-05050-MDH Document 1-4Filed 06/05/20 Page 14of 14 Exhibit 1-C