So Much for ‘Leather Pride’ — Folsom Organizers Try to Stop AFTAH from Exposing their Vile Event

…But ‘Fair Use’ law is on the side of Americans For Truth

Now why would Folsom Street Fair organizers not want the world to know about (Democratic) Mayor Gavin Newsom’s effusive support for their (unbelievably depraved) event? Folsom’s attorney wrote AFTAH to demand that we take down this Folsom welcoming letter and a gross ad (see below) from the Sept. 28 event’s raunchy “Official 2008 Program Guide.” Are Mayor Newsom and the Democrats embarrassed about supporting Folsom?

By Peter LaBarbera

Well, I guess that despite those black-and-blue “Leather Pride” flags, the homosexual sadomasochists aren’t exactly “proud” of their perversions after all.  At least they don’t want the world to know about what they do in places like San Francisco — just like the homosexual activists hate and mock AFTAH for exposing their very popular excesses (bathhouses, MSM promiscuity, etc.) and the consequences thereof.

On August 28, Americans For Truth received an intimidating letter from San Francisco attorney Jeffry Gibson of Goldstein, Gellman, Melbostad, Gibson & Harris, LLP, representing the Folsom Street Fair. Gibson wrote:

“[D]emand is made that you forthwith (within 48 hours of the date of this letter) remove from your website (and any other publications in which you have reproduced them) those two unpermitted properties which were illegally copied without permission. Failure to do so will result in no further warnings or demands, but legal action against you which will seek both the statutory penalties allowed by law as well as recovery of Folsom Street Fair’s attorney’s fees and costs.”

The two “unpermitted properties” in question are a grotesque ad in the Folsom Street “Official 2008 Program Guide,” and, curiously, an official letter from San Francisco Mayor Gavin Newsom (D) — a public servant — that appeared in the same guide — extolling the Folsom fair to attendees. (Both are reproduced again here, with the ad’s nudity covered up.)

The problem for Folsom Street Fair organizers is that they are apparently ignorant of “Fair Use” law. AFTAH is within its rights to highlight Folsom’s (utterly grotesque) materials, especially if we are commenting critically on them. Below is a letter from American Family Association General Counsel Patrick Vaughn addressing the Folsom lawyer’s claim of copyright infringement:

September 8, 2008

Mr. Peter LaBarbera
Americans For Truth
Naperville, Illinois

Re: www.americansfortruth.com

Fair Use Doctrine — Folsom Street Program Guide

Dear Mr. LaBarbera,

At your request I have reviewed the use of material attributed to the Folsom Street Fair Guide on www.americansfortruth.com.  In my opinion, the manner in which such materials are used is protected by the Fair Use Doctrine and does not constitute an intellectual property infringement.

Sincerely,

Patrick J. Vaughn
General Counsel
American Family Association

We appreciate the help of our friends at American Family Association — which will have a representative, Diane Gramley, at our upcoming San Francisco press events exposing Folsom — and also the good folks at Liberty Counsel for ably providing significant pro bono assistance to Americans For Truth over the last two years. We encourage AFTAH followers to support both of these great organizations that are committed to defending Truth and our First Amendment freedoms.

Lastly, I must ask Folsom organizers: What are you ashamed of? Certainly not mocking Christianity and public nudity and sex in the streets…. To the rest of us — you know, the intolerant “SM-phobes” — if you have a strong stomach, go HERE (WARNING: UNBELIEVABLY PERVERSE) to view the actual 2008 Folsom Program Guide. It is further modern proof of what happens — to quote the book title by Christian authors Chuck and Donna McIlhenny and Frank York — when the wicked seize a city.