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Wednesday, March 26, 2008

Ind. Law - "Booksellers incensed over sexual content law"

Tim Evans reports today in the Indianapolis Star on a law passed by the General Assembly and signed by the Governor that oddly the ILB has not seen mention of before, either in the press or by those opposed to it. Some quotes:

A new state law that requires sellers of adult material to register with the state has Hoosier bookstore owners fuming about government censorship and threatening a legal challenge.

"This lumps us in with businesses that sell things that you can't even mention in a family newspaper," said Ernie Ford, owner of Fine Print Book Store in Greencastle.
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Ford was talking about House Enrolled Act 1042, which Gov. Mitch Daniels signed into law last week. Ford was one of 15 independent Indiana booksellers who signed a letter last week urging Daniels to veto the legislation.

The new law that takes effect July 1 requires businesses that sell sexually explicit material to pay a $250 fee and register with the secretary of state, which would then pass the information to municipal or county officials so they can monitor the businesses for potential violations of local ordinances.

The bill was aimed specifically at helping counties that do not have zoning ordinances track businesses selling sexually explicit material, including videos, magazines and books, said Sen. Brent Steele, R-Bedford, who was a co-sponsor of the legislation.

Steele said the bill's author, Rep. Terry Goodin, D-Austin, was targeting adult stores popping up in rural areas along interstates in Southern Indiana. Goodin could not be reached Tuesday for comment.

Jane Jankowski, the governor's spokeswoman, said in a statement issued Tuesday that Daniels' office has no record of receiving the letter from booksellers. * * *

Steele said he believes bookstore owners are getting worked up over nothing.

The law does not apply to businesses that sell sexually explicit material on or before June 30; it applies only to new businesses, those that relocate or businesses that begin offering such material after that date.

"I just don't think that their concern is legitimate," Steele said.

The bill does not provide that it applies only to counties without zoning. Further, it appears that any new book or other item meeting the definition of the statute, offered by an existing business after June 30, would bring it under the statute.

See also this entry this morning by Gary Welsh of Advance Indiana.

Posted by Marcia Oddi on March 26, 2008 10:19 AM
Posted to Indiana Law