The Comic Book Legal Defense Fund has learned that its recent motions to dismiss the case against Rome, Georgia retailer Gordon Lee have been denied.  The case stems from the accidental distribution of a free comic book, Alternative Comics #2, which contains a non-prurient image of a naked Pablo Picasso, to a minor as part of a promotion at Lee's store on Halloween in 2004. 

Last summer the CBLDF filed a motion to dismiss the remaining two counts (the CBLDF had managed to reduce the number of counts from seven to two) on the grounds that the Georgia 'Harmful to Minors' law is unconstitutional, as well as a Motion to Dismiss based on prosecutorial misconduct (see 'Prosecutorial Misconduct, Unconstitutional').  Both motions were denied and it now appears that Lee will go to trial in early 2007.

The CBLDF is now preparing to defend Lee against the two remaining misdemeanor counts, which could result in penalties of up to one year in prison and up to $1,000 in fines for each count.  The CBLDF has already spent $72,000 defending Lee and urges everyone interested in this case to support the defense of Gordon Lee by donating to Comic Book Legal Defense Fund.