Legal News

Florida Judge to Give ?Girls Gone Wild? Suit Closer Look

By Ashby Jones

Sometime, we’d imagine, being a trial-court judge gets a little tedious and tiresome. All those motions to exclude and dismiss; boxes of evidence and F.3ds; everyone kissing up to you all the time.

But at other times, the job can be a bit more, well, interesting.

Take, for instance, the evidence ordered up on Wednesday by Panama City, Fla., federal judge Richard Smoak. On Wednesday, Judge Smoak ordered “Girls Gone Wild” videos to be turned over to the court so he could make a final ruling in a lawsuit involving four girls who claimed they were were coerced into exposing themselves for GGW’s company, Mantra Films Inc. Mantra iis owned by Joe Francis (pictured), who’s no stranger to the court system. Click here for the story, from the Panama City News Herald; here for the rather humdrum order. (Hat tip: How Appealing.)

According to the News Herald story, in September, Francis’s attorney, Rick Bateman, filed a motion stating the plaintiff's claims are insufficient under the law. Three of the plaintiffs voluntarily exposed their breasts, but under Florida law the exposure of breasts does not constitute sexually explicit conduct, Bateman argued.

He also rebuffed the prostitution portion of the complaint. "They may have been encouraged, but were not coerced, and no criminal charges have been filed against any of the defendants for coercing them into prostitution," Bateman wrote.

However, Bateman's argument is at odds with Joe Francis' admissions during his criminal proceedings, wrote Rachel Pontikes, an attorney for the plaintiffs. In March of 2008, Francis pleaded guilty to one count of child abuse.

And why does Judge Smoak need the evidence? Indeed, according to the News Herald, Smoak has to watch in order to test the accuracy of the allegations. Video footage of the plaintiffs could be the deciding factor in whether the suit moves forward.

All in a day’s work, it seems.

Photo: Getty Images

Full post as published by Law Blog - WSJ.com on December 04, 2009 (boomark / email).