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Wednesday, July 02, 2008

Ind. Decisions - Stories today on: "Booksellers incensed over sexual content law"

Francesca Jarosz of the Indianapolis Star reports today on yesterday's opinion by federal district judge Sarah Evans Barker in the case of Big Hat Books v. Prosecutors: Adams, et al. - see yesterday's ILB summary and links to the opinion and HEA 1042. From the story:

The law would have required anyone who intended to sell sexually explicit materials -- which plaintiffs say could have included classic literature, as well as pornography -- to register with Indiana's secretary of state, pay a $250 fee and submit a statement with details about the materials. It would have applied to new businesses and existing ones that relocated or began selling the materials after June 30.

"The problem is, sexually explicit materials was defined so broadly," said Ken Falk, legal director for the ACLU of Indiana. "We're not talking about quadruple-X videos. We're talking about 'Lolita' and 'The Joy of Sex' . . . great works of art."

The bill's author, Rep. Terry Goodin, D-Crothersville, said the intent was not to stifle free speech but to help rural communities where weak zoning ordinances allow pornographic establishments to move in. Under the law, the secretary of state would have passed registration information to local officials, who then could more closely monitor the businesses.

Goodin said Barker "totally interpreted (the law) wrong" and that it was perfectly clear that the law targeted pornographic businesses. * * *

Goodin said he didn't know whether the decision would be appealed and planned to consult with the Indiana attorney general's office, which defended the case.

"I'm ready to start all over," he said. "I'm just going to have to figure out a way to tighten (the law) up."

Reporter Ken Kusmer writes for the AP:
Ruling on the day the law took effect, U.S. District Judge Sarah Evans Barker concluded it was vague, too broad and potentially applicable against "unquestionably lawful, nonobscene, nonpornographic materials being sold to adults."

"A romance novel sold at a drugstore, a magazine offering sex advice in a grocery store checkout line, an R-rated DVD sold by a video rental shop, a collection of old Playboy magazines sold by a widow at a garage sale ... would appear to necessitate registration under the statute," Barker wrote.

The author of the legislation, Rep. Terry Goodin, D-Crothersville, said he might take it back to lawmakers at the 2009 session for revision.

"I've got pencil in hand," Goodin said. "I'm ready to go. I'm not going to let this sleeping dog lie."

Posted by Marcia Oddi on July 2, 2008 08:38 AM
Posted to Ind Fed D.Ct. Decisions