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» Film-Tech Forum ARCHIVE   » Community   » Film-Yak   » Sex & Lucia: "Banned" in Seattle? (Page 2)

 
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Author Topic: Sex & Lucia: "Banned" in Seattle?
Peter Kerchinsky
Master Film Handler

Posts: 326
From: Seattle, WA, USA
Registered: Jan 2002


 - posted 08-25-2002 05:09 AM      Profile for Peter Kerchinsky   Email Peter Kerchinsky   Send New Private Message       Edit/Delete Post 
Correction to previous thread
click on the local news on the left side and scroll down about 3 stories. It's an article by Francher.

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Arthur Allen
Film Handler

Posts: 99
From: Renton, WA, USA
Registered: Aug 2001


 - posted 08-27-2002 04:59 PM      Profile for Arthur Allen   Author's Homepage   Email Arthur Allen   Send New Private Message       Edit/Delete Post 
'Sex and Lucia' flap: Why ad and news decisions are separate

'Sex and Lucia': Ad flap raises concerns

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Steve Kraus
Film God

Posts: 4094
From: Chicago, IL, USA
Registered: May 2000


 - posted 08-28-2002 07:29 PM      Profile for Steve Kraus     Send New Private Message       Edit/Delete Post 
Barry said:
>In the sales contract for the land, there is a "covenant" in the deed that will prevent us from ever showing
>any movie rated harder than "R". The land we bought was city owned... and the Mayor and Town Council would
>only agree to the terms of the sale if that "covenant" was included.

I'm not an attorney but I think you can safely ignore that provision on First Ammendment grounds. If you were buying from a private seller perhaps they (I don't know what covenants are enforceable and what are not...for example anything about race or ethnicity would be unenforceable) could enforce it since the First Amendment prevents government intrusions on free speech but has no bearing on restrictions privately agreed to. But since you bought it from the city if they took action against you for violating the covenant I do believe they would be tossed out on their ear.

Also working in your favor is the fact that the MPAA rating is a private classification mark and while there's no doubt that some towns try to incorporate into rules affecting movie theatre operations I doubt those would stand up to a challenge since that gives a private entity a law-making function.


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