Aaron Dyer

This is a partial transcript from On the Record with Greta Van Susteren, March 10, 2004 that has been edited for clarity.

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GRETA VAN SUSTEREN, HOST: Tonight, a Florida judge has given "Girls Gone Wild"  the green light to film more girls baring all. The judge ruled filming  underage females flashing their breasts without physical contact is not  child pornography under Florida law.

The show's creator Joe Francis was arrested last year while filming  spring break in Florida. He's facing 43 criminal charges, many of which  hinge on whether the conduct is considered illegal or pornographic.

Joe Francis's lawyer Aaron Dyer joins us from Los Angeles.

Welcome, Aaron.

AARON DYER, "GIRLS GONE WILD" ATTORNEY: Thanks for having me, Greta.

VAN SUSTEREN: All right. Forty-three charges. The judge has just  said that unless you have physical contact, just photographing bare breasts  is not porno -- illegal under Florida law? What does that do to the 43  counts in that charging document?

DYER: Well, Greta, this is just a huge victory for this case. This  ruling in particular really was -- that evidence that we were discussing,  the videotapes that just show the girls flashing on the street, is really  the foundation of the government's case.

They have tried to build a racketeering case by showing that "Girls  Gone Wild" was intentionally targeting underage women. And that is not the  case. "Girls Gone Wild" has never done that. They try to use college-age  women. That's who they go after for their videos.

And the court has said that if a girl gets in a video and it turns out  she's underage that it doesn't matter, it's not illegal under Florida law,  and they cannot bring a racketeering charge based on that kind of conduct.

VAN SUSTEREN: Do the underage and overage young women -- do they sign  releases so that the videos can then be sold, or is it just the mere fact  that they bare themselves is a release?

DYER: No. You know, they do both. There are signed releases from  some, and they always get an on-camera release from every girl, and they  gwet a statement that the female is over the age of 18.

They make sure that they get some proof of that -- of being over the  age of 18, not because -- as the judge said today, not because it's a  violation of law, but just because "Girls Gone Wild" is after a different  demographic.

They are after women that look like they're college age.

VAN SUSTEREN: All right. Joe Francis, the creator of this video  series -- is he having a little bit of sort of a side grudge match with the  local officials down there?

DYER: Well, I think you witnessed the beginning of this almost  exactly a year ago today on your show when Joe came on with Lee Sullivan,  the mayor of Panama City Beach, and got into a bit of a shouting match  where he challenged the mayor.

And I think that that, along with a lawsuit by "Girls Gone Wild"  against the mayor challenging their interference with "Girls Gone Wild"'s  constitutionally protected activities, has led to this -- what appears to  be a vendetta by the mayor that has really been the driving force and has  led the officials in Panama City Beach to really take just an outrageous  position and really try and use laws that don't apply to try and make an  example out of Joe Francis.

VAN SUSTEREN: All right.

DYER: The mayor of Panama City Beach is trying to clean up the image  of Panama City Beach and turn it from the mecca of spring break into a  family resort, and it shows...

VAN SUSTEREN: All right. I only have 15 seconds. I only have 15  seconds left. When's the trial date, assuming many of these counts still  go forward?

DYER: There has been no trial date set yet, and we continue to plan  to attack the government's case and just whittle away at it and try and  bring it collapsing down to its knees.

VAN SUSTEREN: All right, Aaron. Thank you.

DYER: Oh, my pleasure, Greta.  

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