Movies on a Big Screen…the blog!

This is a bit of old news, from earlier this month — I couldn’t get to it thanks to my back seizing up, but in case anyone missed it, this might be of interest:

Swedish director Fredrik Gertten recently made a documentary titled, “Bananas!” The doc covered a suit brought against Dole Foods by Los Angeles personal injury lawyer Juan Dominguez on behalf of several Nicaraguan workers who (supposedly) worked for Dole.

Here’s the background: In the 1970’s, Dole made extensive use of the pesticide Dibromochloropropane (DBCP). In 1977, Dow Chemicals, the manufacturer, discontinued it due to indications it led to sterility in those exposed to it. However, while Dole stopped using it in the US, they reportedly bought up all remaining supplies for use outside the US, including Nicaragua, and still utilize it today by Dole. This is something the CEO of Dole openly admitted in court, so there’s little doubt to the truth of this.

So Dominguez brought a suit, again, on behalf of a number of Nicaraguan Dole employees who are now (supposedly) sterile from the chemical, and Gertten documented this legal battle, which ended (as does the film) in a judgement against Dole for 1.5 million. Specifically, the jury found in favor of most (not all) of the plaintiffs and that Dole acted in malice. Sounds like a good little guy vs. evil corporation doc, right? Maybe even something we at MOBS might show…? Well, it’s not that simple after all.

The film was completed and accepted to the Los Angeles Film Festival. It was to have it’s world premiere there, in competition. But then Dole appealed and Los Angeles Superior Court Judge Victoria Chaney found that the supposed employees, in fact, never worked for Dole and further found that Dominguez had coached them to perpetrate this fraud. There were two additional pending cases, both under Dominguez, which Chaney threw out. For now, the 1.5 mil judgement stands, but is currently under further appeal. In fact, the plaintiffs will need to show that no fraud was committed. She further took action to report Dominguez to the California State Bar and to federal prosecutors. Dominguez now faces contempt charges.

Now on to the Los Angeles Film Fest: Dole threatened to sue the film festival if the film ran. LAFF pulled it from competition and, after negotiations with Dole, ran it as a “case study” with a strong writtend and verbal disclaimer prior to the screenings (there were two) which disclosed Chaney’s findings and that Dominguez’s actions were under suspicion.

Following the screenings, discussions took place regarding the ethics of documentary filmmaking. All the while, Gertten has denied any wrongdoing and asserts that this all simply detracts from the fact that Dole admittedly has been using DBCP. He plans further film festival screenings and a larger theatrical release later this year.

Does that sound like the end of this? It’s not.

Now Dole has filed suit against Gertten, the producer, Margarete Jangard, and the production company, WG Films, for including “patent faleshoods” in the documentary. They intend to stop any further screenings or release of the title. This, primarily based on Judge Chaney’s findings. Gertten continues to defend the film, stating, “”Everything I filmed is the truth: It’s what my cameras captured and how this all played out during this trial.”

I have no idea who’s right or wrong here (on the Dole/Dominguez end of things). But if you think about it, this is pretty fascinating stuff, raising a number of questions regarding responsibility in documentary filmmaking, particularly in the realm of issue-based docs. At the very least, it will be interesting to see how it plays out.

Footnote, potentially of interest. Dole is a fairly major contributor to Gov. Arnold Schwarzenegger (over $300,000 as of 2006, and I’m not sure how much since then). Judge Chaney is no longer involved in any of the pending litigation. Why is that? Shortly after her involvement with the Dominguez cases, she was appointed to Division One of the Second District Court of Appeal by Gov. Schwarzenegger on June 11, 2009. I’m sure it’s coincidence (and really, I am – usually these appointments are decided well before they are announced), but it’s odd enough to note.

We showed Chris Fuller’s “Loren Cass” in August, 2008. You can read about it in our screening schedule archive under 2008. It admittedly was not one of our more popular titles, based on reactions from the handful who did attend.

At the time, it had recently been one of 5 films nominated for “Best Film Not Playing at a Theater Near You” by the editors of Filmmaker Magazine and New York’s Museum of Modern Art. Well, that’s all about to change!

Word is out that renowned Kino International has acquired “Loren Cass,” and the theatrical premiere will be on July 24 at New York’s Cinema Village. Following that, theatrical runs will occur in major markets around the US throughout the end of summer and fall, 2009. Kino has slated a DVD release for the end of this year.

So congratulations to first time filmmaker Chris Fuller!!