From the moment Jim and Artie Mitchell opened the O’Farrell Theatre on July 4, 1969, their business operated under near-constant legal siege. Local residents and officials repeatedly tried to close the San Francisco adult cinema and its associated venues, while police raids generated more than 200 obscenity-related cases against the brothers and their companies. According to family accounts, Jim and Artie were arrested and jailed more than 180 times apiece, episodes the family grimly softened by calling them “business trips.” Their defense team included attorney Michael Kennedy and civil-rights specialist Joseph Rhine, and the brothers turned litigation into a routine cost of doing business.
The conflict expanded beyond obscenity law when low-level organized criminals began making unauthorized copies of Mitchell films in the mid-1970s. The brothers fought back in court after a judge ruled that obscene material could not receive copyright protection. They eventually prevailed before the U.S. Court of Appeals for the Fifth Circuit, a decision that helped establish the ability to assert copyright claims over such films and contributed to the FBI copyright warnings later displayed at the beginning of videocassettes. Their legal victories did not make the O’Farrell respectable in the conventional sense, but they helped move adult-film distribution from improvised theater operations toward a more aggressively protected commercial industry.
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