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Sunday, July 06, 2008

Ind. Courts - Editorial: Legislature should regulate adult bookstores, not court

The Bedford Times-Mail editorializes today:

Lawmakers will have to try again if they want to take on businesses that sell sexually explicit material.

So far their efforts, while laudable, have not passed constitutional muster. We trust they will try again, because the Legislature, not the courts, is the most prudent area for the issue.

This all began with the phenomenon of adult bookstores popping up along highways, usually in rural communities that have no zoning restrictions. Lawrence County, lacking zoning in rural areas, could be a target. Other parts of the state have already been hit.

For example, the Lion’s Den adult bookstore off Interstate 65 near Crothersville has attracted a lot of attention. The state representative in that area, Rep. Terry Goodin, D-Austin, also happens to be the superintendent of the Crothersville schools. He was not pleased to see the new business seemingly show up overnight.

Goodin wrote a bill requiring retailers to register with the state and pay $250 if they sell sexually explicit material. With the help of supporters like Sen. Brent Steele, R-Bedford, that bill became law.

“We have to send a message to retailers that there is more than porn in Indiana,” Goodin said, recording one of the most memorable quotes of this year’s legislative session.

After discussing Judge Barker's voiding of the law, the editorial continues:
Indiana Attorney General Steve Carter said he would not appeal Barker’s ruling.

Instead, he said, lawmakers can try to create a stronger, more clearly worded law during the 2009 legislative session.

“I’ve got pencil in hand,” [legislator and school superintendent] Goodin said in the AP report. “I’m ready to go. I’m not going to let this sleeping dog lie.”

We’re glad to see this issue headed back to the lawmakers, where it belongs, instead of to the courts, where more time and money will be wasted.

And we trust that Goodin, Steele and others concerned about this issue will take another hard look at it during the 2009 legislative session.

See also this updated ILB entry from July 4th.

Posted by Marcia Oddi on July 6, 2008 09:53 AM
Posted to Ind Fed D.Ct. Decisions