“Kika,” the controversial new film by Spanish director Pedro Almodovar, will be presented to the appeal board of the Classification and Ratings Administration following its initial NC-17 assignment. Jeff Lipsky, principal of distributor October Films, called the board decision “outrageous and obscene.”

“Kika’s” appeal is set for April 28 and Almodovar will be present. Martin Garbus, a First Amendment attorney, will rep the distrib.

Lipsky accused the board of having a bias against independent films, citing Paramount’s “The Accused” as an appropriate comparison.

Both “Kika” and the Jodie Foster drama include a graphic rape sequence, but the studio production received an R.

“We will not release this film as an NC-17,” said Lipsky. “It would be more prohibitive than having it go out unrated.”

Crossover potential

Lipsky stated that the company feels “Kika” has crossover potential and 70 prints will be struck — the largest initial order in October’s history — for a May launch.

He said there is about $ 2 million invested in the picture’s launch.

Separately, the company is considering a First Amendment-based suit against CARA.

Lipsky noted that while indies are not bound by its rulings, decisions have direct impact in such as areas newspaper advertising, video sales and access and theaters.

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