SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ x WORLD CHALLENGE, INC. d/b/a TIMES SQUARE : Index No.: CHURCH, : : Plaintiff, : AFFIDAVIT OF NEIL : RHODES : - against - : : : 1657 LEWIS LLC fka Brody-Lewis LLC, NEW YORK : SIGN LLC, and VAN WAGNER COMMUNICATIONS, : LLC, : : Defendants. : ------------------------------------------------------------------------ x STATE OF NEW YORK ) :ss COUNTY OF NEW YORK ) Neil Rhodes, being duly sworn, deposes and says: 1. I am associate pastor at World Challenge, Inc. d/b/a Times Square Church and oversees its Counseling Ministry. I make this affidavit in support of the motion of Times Square Church for a temporary restraining order and a preliminary injunction prohibiting the posting of an indecent advertisement containing nude pictures on our church building. Times Square Church 2. Times Square Church was founded in 1987 by Pastor David Wilkerson. Times Square Church is an interdenominational church. Over 8,000 people worship weekly at Times Square Church. Founded and originally situated at Town Hall at 43rd Street, Times Square Church has its facilities at a former theater at 237 West 51st Street and in the adjoining building at 1657 Broadway. Its location near Times Square is part of its mission as an outreach to the fatherless, widows, the oppressed, the destitute, the addicted and the poor. 609685v1 008246.0101 3. As part of the ministry, Times Square Church provides many services for its congregation seven days a week. These services include three church services on Sunday, one on Tuesday night and one on Friday night. It also includes prayer meetings six days a week. During the church services, Times Square Church conducts children’s programs for over a thousand children who typically visit the church in a week. In addition to children who attend the church services, there is a young adults Bible study class on Friday night and a junior high and high school program. 4. Times Square Church conducts and supports over forty charitable and religious ministries worldwide, ranging from feeding the homeless in New York City to medical clinics in Nigeria. Copies of some of the descriptions of its ministries taken from its website are attached as Exhibit 1. A full description of Times Square Church’s many ministries can be seen at its website at http://www.tscnyc.org/missions/index.php. 5. The church’s staff reflects the church’s family-centered orientation. A dress code requires all church personnel to wear business appropriate attire and to observe propriety in their dress and grooming. The Washlet Advertisement 6. On Tuesday, June 26, 2007, our attention was drawn to an advertisement that is to be posted on a large billboard that wraps entirely around the 51st Street, Broadway, and 52nd St. sides of our church building. The advertisement is for a product called Washlet, a toilet product. 7. We received no notice from our landlord or from the parties controlling the billboard that this advertisement was going up. We learned of it from third parties who happened to see a news story about it on CBS television. 8. A copy of how the ad will appear on the building, according to a story that 608621v1 008246.0101 2 featured in the on-line version of Advertising Age magazine on June 27, is attached as Exhibit 2 hereto. It is instantaneously obvious that this advertisement is too indecent for public display. It consists principally of photographs of the nude back sides of several people. It is certainly unsuited for public exposure to children, and antithetical to the values of our congregation and church. That anyone thought it suited for display on a church building is astonishing. According to the article in Ad Age, the campaign creator itself, the ML Rogers Agency, felt that “the ad was too graphic to run in luxury print titles.” 9. This advertisement has evidently caused similar reactions elsewhere in the media and among ordinary people. Hazel Sanchez, the CBS reporter contributing the story, commented at the beginning of the feature that they were a family show and therefore had to “cover up the ad a little bit.” The Court can view the CBS TV story that was first drawn to our attention at http://wcbstv.com/local/local_story_176181821.html. A print version is attached as Exhibit 3. Ordinary people stopped in the street by the reporter thought the advertisement exceeded the bounds of propriety. 10. It will be observed that CBS felt it was improper to exhibit the advertisement on television. CBS blurred out the details of the nudity in its broadcast. There will be no concealment of the nudity in the advertisement, however, if it is allowed to appear on our church building. 11. Last, and most important to us, our congregation has already begun reacting to this advertisement. We had contacts the first day the story aired from at least two members of the congregation expressing their dismay that such an indecent display should appear on our church building. I am sure that they indicate what the reaction will be of all of our members if and when the advertisement is actually installed. 608621v1 008246.0101 3 Injury 12. Placement of this advertisement on our church building will make it difficult or impossible for the church to continue to carry out its mission, will degrade it in the eyes of its congregation and impair its continued effectiveness and future success. This is apparent from the reactions in the media, from the reactions of our congregation, and from the content of the advertisement itself, dominated as it is by unconcealed nudity. It should not require elaboration for the Court to understand that carrying out a holy mission in a building defaced by this kind of indecency will be at least greatly hampered and perhaps impossible. Inevitably, however unfairly, the impression will be given that our church condones this material, which it emphatically does not. 13. We should not have had to learn of this advertisement on television just days before it is to go up. We are compelled to seek this Court’s immediate help because our landlord did not give us any advance notice and this advertisement is scheduled to go up some time as early as July 1st according to the public sources we have seen. 14. The Court’s assistance will be greatly and deeply appreciated and will be of the greatest importance to the continuing mission of Times Square Church. The Lease and Sublease 15. Attached as Exhibit 4 a copy of the Lease under which Times Square Church occupies space at 1657 Broadway. The lease was made December 18, 1996 between World Challenge, Inc. d/b/a Times-Square Church and Brody-Lewis LLC. 16. Brody-Lewis LLC was, itself, the tenant of 1657 Broadway. Its lease with its landlord is attached as Exhibit 5 hereto. 608621v1 008246.0101 4 ___________________________ Neil Rhodes Sworn to before me this __ day of June, 2007 ____________________________ Notary Public 608621v1 008246.0101 5.