Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 1 of 56 EXHIBIT A Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 2 of 56 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 3 of 56 EXHIBIT B Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 4 of 56 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 5 of 56 EXHIBIT C Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 6 of 56 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 7 of 56 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 8 of 56 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 9 of 56 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 10 of 56 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 11 of 56 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 7 8 No. CV-14-02100-PHX-SRB 9 ANTIGONE BOOKS L.L.C.; et al. Plaintiffs, [PROPOSED] ORDER GRANTING 10 -v- PLAINTIFF’S MOTION FOR 11 PRELIMINARY INJUNCTION TOM HORNE, in his capacity as 12 Attorney General of the State of Arizona; 13 et al. Defendants. 14 15 This matter has come before the Court on Plaintiffs’ Motion for Preliminary 16 Injunction. Having reviewed the papers in support of and in opposition to such Motion, 17 18 and being fully advised on this Matter, the Court finds that there is good cause 19 appearing to grant Plaintiffs’ Motion. Plaintiffs have demonstrated a strong likelihood 20 of success on the merits of their claims as well as the possibility that they face 21 irreparable harm absent the issuance of an injunction. Accordingly, Plaintiffs are 22 23 entitled to preliminary injunctive relief, and the Court GRANTS Plaintiffs’ Motion as 24 follows: 25 1. Upon finding that Plaintiffs have carried their burden of demonstrating both 26 1) a likelihood of success on the merits of their claims and 2) irreparable Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 12 of 56 1 injury, Plaintiffs’ Motion is GRANTED pursuant to Federal Rule of Civil 2 Procedure 65 and the equitable powers of this Court. 3 2. The Court hereby preliminarily ENJOINS Defendants, their agents, servants, 4 employees, attorneys, and all others in active concert or participation with 5 6 Defendants from enforcing ARIZ. REV. STAT. § 13-1425 pending the final 7 determination of this action. 8 3. This Preliminary Injunction shall go into effect immediately and shall remain 9 in effect during the pendency of this Action, or upon further order of the 10 11 Court. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 83241612\V-1 2 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 13 of 56 1 Daniel Pochoda (Bar No. 021979) Joshua S. Akbar (State Bar No. 025339) Victoria Lopez (Bar No. 330042)** DENTONS US LLP 2 ACLU Foundation of Arizona 2398 E. Camelback Road, Suite 850 3707 North 7th Street, Suite 235 Phoenix, AZ 85016-9016 3 Phoenix, AZ 85011-0148 Telephone: (602) 508-3900 Telephone: (602) 650-1854 Email: [email protected] 4 Email: [email protected] [email protected] Michael A. Bamberger (admitted pro 5 **Admitted pursuant to Ariz. Sup. Ct. R. 38(f) hac vice) Richard M. Zuckerman (admitted pro 6 Lee Rowland (admitted pro hac vice) hac vice) ACLU Foundation DENTONS US LLP 7 125 Broad Street, 18th Floor 1221 Avenue of the Americas New York, NY 10004 New York, NY 10020 8 Telephone: (212) 549-2500 Telephone: (212) 768-6700 Email: [email protected] Email: 9 [email protected] [email protected] 10 Attorneys for Plaintiffs 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE DISTRICT OF ARIZONA 13 Case No. ANTIGONE BOOKS L.L.C.; INTERGALACTIC, INC., 2:14-cv-02100-PHX-SRB 14 D/B/A, BOOKMANS; CHANGING HANDS BOOKSTORE, INC.; COPPER NEWS BOOK STORE; 15 MOSTLY BOOKS; VOICE MEDIA GROUP, INC.; LIST OF DECLARATIONS IN AMERICAN BOOKSELLERS FOUNDATION FOR FREE SUPPORT OF PLAINTIFFS’ 16 EXPRESSION; ASSOCIATION OF AMERICAN MOTION FOR A PRELIMINARY PUBLISHERS; FREEDOM TO READ FOUNDATION; INJUNCTION 17 AND NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, 18 Plaintiffs, 19 -v- 20 TOM HORNE in his capacity as Attorney General of 21 the State of Arizona, et al., 22 Defendants. 23 24 25 26 1 82932450\V-3 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 14 of 56 1 Declarant Affiliation Position 2 3 Andy Van de Voorde Voice Media Group, Inc. Associate Executive Editor 4 Allan R. Adler Association of American Vice President for Publishers Legal and 5 Government Affairs 6 7 Barbara M. Jones Freedom to Read Foundation Executive Director 8 Mickey H. National Press Photographers Member and 9 Ostereicher Association General Counsel 10 Trudy Mills Antigone Books, L.L.C. Co-owner 11 Sean Feeney Intergalactic, Inc., d/b/a, President Bookmans 12 Gayle Shanks Changing Hands Bookstore, Co-founder, co- 13 Inc. owner, president, general manager 14 Hop David Copper News Book Store Co-owner 15 Tricia Clapp Mostly Books Co-owner 16 Christopher Finan American Booksellers President Foundation for Free Expression 17 18 19 20 21 22 23 24 25 26 2 82932450\V-3 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 15 of 56 1 Daniel Pochoda (Bar No. 021979) Joshua S. Akbar (State Bar No. 025339) Victoria Lopez (Bar No. 330042)** DENTONS US LLP 2 ACLU Foundation of Arizona 2398 E. Camelback Road, Suite 850 3707 North 7th Street, Suite 235 Phoenix, AZ 850 16-9016 3 Phoenix, AZ 85011-0148 Telephone: (602) 508-3900 Telephone: (602) 650-1 854 Email: joshua.akbar@dentons. com 4 Email: [email protected] v [email protected] Michael A. Bamberger (admitted pro 5 **Admitted pursuant to Ariz. Sup. Ct. R. 38(f) hac vice) Richard M. Zuckerman (admitted pro 6 Lee Rowland (admitted pro hac vice) hac vice) ACLU Foundation DENTONS US LLP 7 125 Broad Street, 18th Floor 1221 Avenue of the Americas New York, NY 10004 New York, NY 10020 8 Telephone: (2 12) 549-2500 Telephone: (212) 768-6700 Email: [email protected] Email: 9 michael. bamberger@dentons. com [email protected] 10 Attorneys.for Plainfi((.'l 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE DISTRICT OF ARIZONA 13 Case No. ANTIGONE BOOKS L.L.C.; INTERGALACTIC, INC., 2: 14-cv-02 100-PHX-SRB 14 DIBIA, BOOKMANS; CHANGfNG HANDS BOOKSTORE, INC.; COPPER NEWS BOOK STORE; 15 MOSTLY BOOKS; VOICE MEDIA GROUP, INC.; DECLARATION OF AMERICAN BOOKSELLERS FOUNDATION FOR FREE ANDY VAN DE VOORDE (VOICE 16 EXPRESSION; ASSOCIATION OF AMERICAN MEDIA GROUP) PUBLISHERS; FREEDOM TO READ FOUNDATION; 17 AND NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, 18 Plaintiffs, 19 -v- 20 TOM HORNE in his capacity as Attorney General of 21 the State of Arizona, et al. , 22 Defendants. 11-------------~~==~~----------~ 23 ANDY VAN DE VOORDE declares: 24 I. I am the Executive Associate Editor at Voice Media Group ("VMG"), a 25 plaintiff in this action. I have personal knowledge of the facts set forth in this declaration. 26 1 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 16 of 56 2. I submit this declaration on behalf of VMG, the eleven newsweeklies we 2 publish (including Phoenix New Times, which focuses on arts, culture, and news in 3 Arizona), VMG's employees (including me), its readers, and the users of its websites, in 4 support of plaintiffs' motion for a declaratory relief, and a preliminary injunction and 5 permanent injunction to enjoin enforcement of an Arizona statute which provides, subject 6 to limited exceptions, that: 7 It is unlawful to intentionally disclose, display, distribute, publish, advertise or offer a photograph, videotape, film or digital recording of another person 8 in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to 9 the disclosure. 10 Ariz. Rev. Stat. § 13-1425 ("the Act"). l have read the Act, including the statutory 11 definitions incorporated by reference. 12 3. I understand that violation of the Act is a felony. 13 VOICE MEDIA GROUP: A PULITZER-WINNING MEDIA ORGANIZATION 14 4. Voice Media Group is the largest group of metropolitan newsweeklies in the 15 United States, publishing papers in eleven geographic areas: Phoenix, New York, Los 16 Angeles, Denver, Houston, Dallas, St. Louis, Miami, Minneapolis, Broward County, and 17 Orange County. 18 5. VMG was created in 2012, when a group of company executives purchased 19 the publications from the previous owners, Village Voice Media Holdings. The 20 company's namesake, Village Voice, was founded in New York City in 1955 . The Voice 21 introduced the notion of free-form, high-spirited and passionate journalism into the public 22 discourse. As the nation's first and largest alternative newsweekly, the Voice is the winner 23 of three Pulitzer Prizes, and today maintains the same tradition of no-holds-barred 24 reporting and cultural coverage which it first embraced more than fifty years ago. 25 26 2 Case 2:14-cv-02100-SRB Document 95-1 Filed 11/04/14 Page 17 of 56 1 6.