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Wednesday, May 07, 2008
Ind. Law - More on: "Booksellers incensed over sexual content law"
Updating this ILB entry from March 26th about HEA 1042, Tim Evans of the Indianapolis Star reports this afternoon:
The American Civil Liberties Union of Indiana and attorneys for several national organizations representing booksellers filed a lawsuit in U.S. District Court today seeking an injunction barring enforcement of a new state law which requires businesses that sell sexually explicit material to register with the state.The new law, approved earlier this year by the General Assembly, takes effect July 1.
The lawsuit names the prosecutors of Indiana's 92 counties as defendants because they are responsible for enforcing the law. The law covers new businesses and existing businesses that move to a new location after June 30.
Violations would be a Class B misdemeanor, which carries a potential penalty of up to 180 days imprisonment and a fine of up to $1,000.
Ken Falk, legal director for the ACLU of Indiana, said the law is overly broad, too vague as to who must register and violates the First Amendment.
Falk stressed the groups filing the suit do not represent adult bookstores. They include businesses that sell popular books for children and adults, as well as others that deal in arts, including the Indianapolis Museum of Art and the Indianapolis Downtown Artists and Dealers Association.
Posted by Marcia Oddi on May 7, 2008 03:01 PM
Posted to Indiana Law