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MPAA rejects Cuomo appearance at appeal

'9/11' appeal

Ian Mohr
NEW YORK -- The distribution team behind Michael Moore's hotly debated documentary "Fahrenheit 9/11" will face the MPAA's ratings appeal board today without its newly hired legal eagle, former New York Gov. Mario Cuomo. According to MPAA rules, Cuomo is not allowed to take part in the proceedings because those appearing before the board must be directly associated with the film."They have to be actively part of the creation and execution of the film, not a hired gun, who turns it into a trial," one source close to the situation said.

Without Cuomo by his side, Lions Gate Films president Tom Ortenberg -- whose company is distributing "Fahrenheit" with IFC Films and Bob and Harvey Weinsteins' Fellowship Adventure Group -- will appeal for a PG-13 rating instead of the R that the MPAA has awarded "Fahrenheit" for its "violent and disturbing images and for language" (HR 6/14).

The film is slated to unspool before the MPAA at 10 a.m. in Los Angeles, with a decision expected this afternoon. The film opens exclusively in New York on Wednesday and rolls out nationally Friday.

In a letter to Ortenberg and IFC's Jonathan Sehring, Cuomo wrote Monday that he was "surprised and disappointed by the MPAA's decision to prevent (him) from arguing (the) appeal in person."

"(MPAA ratings board chair Joan Graves) was forthcoming and cooperative," Cuomo said in the letter. "She informed us that the (R) rating was based on: the use of the term 'mother____' by an American soldier, twice in repeating the words of a favorite song of the American soldiers in Iraq, and then twice again in his conversation immediately following the description of the song. Later in the film, there are several graphic images of victims of war and abusive behavior by some of our troops."

Cuomo, who had been in talks with Graves and Ortenberg since he came aboard the "Fahrenheit" team last week, goes on to write: "Altogether the hard language and graphic pictures consume about 3 minutes in a film lasting 120 minutes."

Cuomo's letter further states that the distributors already have rejected an MPAA offer of a PG-13 rating in exchange for snipping "the few minutes of material."

Meanwhile, a dispute is raging between left-wing backers of Moore's work and a right-wing group seeking the film's suppression.

After Ortenberg said last week that "Fahrenheit" would be released on "between 500-1,000 screens," a conservative Web site, MoveAmericaForward.org, said "only 417 theaters would show the film -- and most of those are poorly attended 'art house' theaters." But Monday, the liberal advocacy group MoveOn.org shot back, saying that the film was now set to debut on "750 theaters across the country this Friday." The group said it "will hold media events in several battleground states," including Ohio, Pennsylvania, Florida, Missouri, Iowa, Nevada and Oregon, to support "Fahrenheit."

IFC Entertainment president Sehring said Monday that the distributors will have a "hard number" available today as to how many theaters will carry "Fahrenheit." A source close to the project said that the number was between 750-800 at press time, and Cuomo's letter also indicated that the film is set to open in more than 700 theaters.







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