Yuma attorney seeks temporary against Netflix restraining order
YUMA — Yuma attorney Jeremy Claridge has filed a request for an emergency restraining order without notice from a Yuma County Superior Court against Netflix. The order would prevent the television and movie streaming service from distributing, or transmitting, visual depictions of minors engaged in sexual conduct.
Claridge, who is also a subscriber, alleges that Netflix is committing a crime under Arizona law by continuing to make an episode of the British TV series the Innocents available, and have failed to remove the program after having been given sufficient notice that displaying the content was illegal.
“Only an order from this court will cause Netflix to come into compliance with Arizona law,” Claridge wrote in the request he filed with the court. “Unless they are stopped, other unwitting viewers will come across this illegal content and will be damaged thereby.”
The Innocents is about two teenage lovers, June and Harry, who run away together and find themselves swept up in a dangerous and confusing new world when June begins to display mysterious abilities. It stars Sorcha Groundsell and Percelle Ascott.
In his request for the restraining order, filed on Nov. 14, Claridge alleges that in episode 4, titled “Deborah,” the two stars of the show, who in real life are adults, are seen having sex for the first time at the 46:25 time stamp.
Claridge writes that Netflix knows it is illegal to continue showing the episode because he sent the company a ceaseand-desist letter back on Oct. 24, 2018. He further wrote that forcing Netflix remove the episode will prevent subscribers from unknowingly watching a show containing illegal content.
According to Claridge, he has made efforts to contact Netflix, including mailing a letter sent via their online inquiry. He said he faxed and emailed it to David Hyman, general counsel at the company.
Portraying minors engaged in sexual activity is considered a Class 1 misdemeanor under state law.
He added that the reason why the temporary restraining order should be issued without notice is that Netflix will continue to distribute media content with visual depictions in violation of Arizona law without the court’s intervention.
“A temporary restraining order from this court along with an order to show cause, along with contempt powers of the court will get this defendant to obey the criminal laws of the state of Arizona,” Claridge wrote.
However, when asked on Friday, Claridge said counsel from Netflix had finally contacted him and that the restraining order may not have been necessary.
No court date has been set yet for the hearing to grant the restraining order.