European Connections & Tours, Inc. v. Gonzales, CIVA 1:06CV0426 CC.

• Decision Date: 23 March 2007
• Docket Number: No. CIVA 1:06CV0426 CC.,CIVA 1:06CV0426 CC.
• Citation: 480 F.Supp.2d 1355
• Parties: EUROPEAN CONNECTIONS & TOURS, INC., Plaintiff, v. Alberto GONZALES in his Official capacity as Attorney General of the United States and the United States of America, Defendants, v. The Tahirih Justice Center, Defendant-Intervenor.
• Court: U.S. District Court — Northern District of Georgia

Page 1355

480 F.Supp.2d 1355

EUROPEAN CONNECTIONS & TOURS, INC., Plaintiff, v. Alberto GONZALES in his Official capacity as Attorney General of the United States and the United States of America, Defendants, v. The Tahirih Justice Center, Defendant-Intervenor.

No. CIVA 1:06CV0426 CC.

United States District Court, N.D. Georgia, Atlanta Division.

March 23, 2007.

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Ralph S. Goldberg, Law Office of Ralph Goldberg, Decatur, GA, for European Connections & Tours, Inc., Plaintiff.

Alonzo H. Long, Office of United States Attorney, Atlanta, GA, for Alberto Gonzales in his official capacity as Attorney General of the United States, United States of America, Defendants.

Randall K. Miller, Arnold & Porter, LLP, McLean, VA, Ross S. Goldstein, Arnold & Porter, Washington, DC, Randall Marc Hawkins, Jones Day-Atlanta, Atlanta, GA, for Tahirih Justice Center, Intervenor Defendant.

ORDER

COOPER, District Judge.

This action involves a challenge by Plaintiff European Connections & Tours, Inc. ("Plaintiff" or "European Connections") to the International Marriage Broker Regulation Act of 2005 ("IMBRA"). European Connections challenges IMBRA under the First and Fifth Amendments to the Constitution of the United States. European Connections specifically challenges two portions of the IMBRA statute that relate to (1) the disclosure of background information and (2) the definition of International Marriage Brokers ("IMBs") covered by the Act. First, European Connections claims that IMBRA's requirement that IMBs collect background data from its male clients and furnish this information to the female clients is an infringement of the IMB's "speech" that offends the First Amendment to the United States Constitution. (See Complaint ¶¶ 9-10; see also Pl.'s Mot. for Temporary Restraining Order at 11-21.) European Connections further alleges that the requirement is an impermissible (1) "prior restraint" on constitutionally protected speech; (ii) "content-based" restriction, of First Amendment protected speech; and (iii) regulation of "commercial speech." (See id.) European Connections also claims that the background information is more extensive than necessary to achieve Congress' purpose. Second, European Connections asserts that IMBRA's definition of IMB, which includes religious and cultural organizations operating on a non-profit basis, as well as organizations that do not provide international, dating services as the "principal" part of its business and operate on an "equal profit" basis (charging comparable rates and offering comparable services to all genders and nationalities), creates distinctions that offend the Equal Protection Clause of the Fifth Amendment to the United States Constitution.

The above-styled action came before the Court on April 3, 2006, for a preliminary injunction hearing. Pursuant to Fed. R.Civ.P. 65(a)(2), and over objections by Defendants Alberto Gonzales and the United States of America and by Defendant-Intervenor The Tahirih Justice Center,¹ the Court consolidated the preliminary injunction hearing with a trial on the merits. Having considered the evidence presented, the oral arguments of counsel, and the proposed findings of fact and conclusions of law submitted by the parties, the Court hereby makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

I. Parties

A. Plaintiff

European Connections is a corporation that conducts business at 4080 McGinnis Ferry Road in Alpharetta, Georgia. (Transcript "Tr." at p. 9.)² European Connections operates a range of businesses and websites, including www. ricssianladies.com, www.mailorderbrides. com, www.EastWestMatch.com, and www. globallaclies.com, which specialize in matchmaking and introduction services between American men and foreign women who are primarily from Eastern Europe and the former Soviet Union. (Id. at pp. 11-12; 40-41.) The American men who are clients of European Connections pay a membership fee and other fees in connection with the company's introduction and ancillary services. (Id. at p. 53.) Except those women who send e-mail or receive translation services through www.russian ladies.com, the women do not pay a fee. (Id. at pp. 15-16, 53-54.) Until recently, European Connections also operated "romance tours" to enable male clients to travel to meet women in person in their home countries. (Id. at pp. 12, 25-26.)

European Connections facilitates contact between men and women by permitting users of certain websites it operates to post personal profiles of themselves, which are available for online review and can include such information as photographs and biographical data. (Id. at pp. 10, 40-41.) Contact information is collected from male clients when their credit card is used, but this information is not disclosed by European Connections. (Complaint 115.) Postal addresses are never collected from female clients. (Id.) Telephone numbers and e-mail addresses of female clients are collected from 20% of the female members. (Id.) This information is also not disclosed by European Connections. (Id.)

European Connections assigns to each male and female user a password, which uniquely identifies the user, is displayed along with the user's personal profile, and may be used to contact the user by e-mail. (Tr. at pp. 10-11.) No other contact information is provided or disseminated by European Connections, except as otherwise stated below. (Id. at p. 36.) Male and female users are permitted to browse posted profiles and to communicate with one another by e-mail via European Connections' computer servers. (Id. at pp. 10-11.)

For a fee, European Connections also provides a three-way, translator-assisted, international conference call service, paid for by its United States clients, which utilizes the assistance of interpreters and translators who are European Connections' employees. (Id. at pp. 19-21; Def.'s Ex. C.) European Connections has eight (8) employees who translate or interpret, all of whom speak Russian and three of whom speak Ukrainian. (Tr. at pp. 20-21.) As part of European Connections' international conference call service, the woman's telephone number may be provided to the United States client if she consents and the call lasts for ten (10) minutes or more. (Id. at pp. 19-20; Def.'s Ex. C.)

There are approximately 200 to 250 Russian matchmaking agencies with whom European Connections has business relationships at any given time. (Tr. at pp. 16-18, 28-29.) E-mails between European Connections' United States male clients and its foreign female clients utilizing www.global ladies.com are communicated through European Connections' computer servers and the Russian matchmaking agencies with whom European Connections has business relationships. (Id.) The agencies are paid one dollar for every e-mail received, translated into English by the Russian matchmaking agencies, and delivered to European Connections' female clients. (Id. at pp. 18-19.) The Russian matchmaking agencies are also responsible for translating the foreign women's responses into English and forwarding it to www.globalladies. com. (Id. at p. 18.)

Through its www.k1-marriage-visas. corn website, European Connections provides information about the K-1 visa process, which is often referred to as the "marriage visa."(Id. at pp. 21-22; Def.'s Ex. D) European Connections also markets through its www.k1-marriage-visas. com website a product called the "Fiancée Visa Do-it-Yourself Preparation Kit," which it claims includes all forms necessary to process a K-1 fiancée visa application. (Tr. at pp. 22-23; Def.'s Ex. E.) European Connections'"Fiancée Visa Do-it-yourself Preparation Kit" also discusses aspects of the K-1 visa process, such as necessary documentation, "substantiating" the relationship, required fees and expenditures, additional steps necessary if the foreign woman has a child, best locations for a medical examination, how to expedite the interview process, list of items the foreign woman must take to her interview at the Embassy, and "[w]hat the lady must say at her fiancée visa interview." (Tr. at pp. 23-24; Def.'s Ex. E.) As part of its "Fiancée Visa Do-it-Yourself Preparation Kit" service, European Connections provides verbal advice on the K-1 visa process both by telephone' and in person at its offices. (Tr. at p. 23.)

European Connections also markets through its www.k1-marriage-visas.com website a referral service in which it refers American male clients to one or more immigration attorneys with whom it has negotiated a flat fee of $1,300.00 to provide legal services in connection with the, processing of K-1 visa applications. (Id. at pp. 24-25; Def.'s Ex. F.) European. Connections derives income through its referral service by receiving $400.00 of the $1,300.00 fee paid in connection with obtaining the services of The immigration attorney. (Id. at pp. 24-25.) In the past four (4) years, European Connections has referred over 2,000 K-1 visa application clients under its immigration attorney referral services, and no application has been denied. (Id. at pp. 31-33; Def.'s Ex. F.)

European Connections formerly promoted tours to Russia for its American male clients through its www.romancetours.com website but is now in the process of discontinuing its tour business. (Tr. at pp. 25-26; Def.'s Ex. G.) European Connections has a business relationship with the operators of www.gotorussia.com, a company that arranges travel to Russia, among other places. (Tr. at pp. 26-27; Def.'s Ex. H.) European Connections derives income through that business relationship. (Id.)

B. Defendant and Defendant-Intervenor

Defendant Alberto Gonzales is a defendant in his official capacity as Attorney General of the United States. (Compl.) Plaintiff also has separately named the United States of America, a sovereign government, as a defendant (Id.)

Defendant-Intervenor Tahirih Justice Center ("TJC") is `a...