Retailers, ACLU Sue to Stop Indiana 'Explicit Materials' Law

INDIANAPOLIS — A lawsuit to stop enforcement of a new Indiana law regarding "sexually explicit materials" was filed yesterday in U.S. District Court. Plaintiffs in the suit included the Indianapolis Museum of Art, The American Civil Liberties Union, The Association of American Publishers, Inc. and the National Association of Recording Merchandisers.

The law was signed March 13, and goes into effect July 1. It will require retailers to register with the state and pay a fee in order to sell "sexually explicit material."

The lawsuit names every county prosecutor in Indiana, and aims to stop the law from going into effect July 1.

The plaintiffs contend that the law could infringe on First Amendment rights, including free speech and freedom of the press.

"We're talking about a law that has very broad, very vague and — we would contend — very unconstitutional restrictions and burdens," said Ken Falk, legal director of the American Civil Liberties Union of Indiana. "To the best of my knowledge, there is no similar law in the U.S."

State Rep. Terry Goodin, D-Crothersville, wrote the law to stop companies from opening adult stores in communities with weak zoning laws. He said that the law doesn't stop a business from selling adult materials, it just requires the retailer to declare its intention to the community.

"This is all about local control, and giving those people at the local level the opportunity to decide whether they want those types of businesses in their area," he said.

If the law targets adult businesses, then it should be written to reflect that, according to Indianapolis Art Museum CEO Maxwell Anderson. The museum store sells art history books, and Anderson pointed out that nudity plays a prominent role in the history of creativity.

"We don't want to start having to examine our bookstore and think about contents of our shelves in the way that this law requires," he said.

Another plaintiff in the suit, Indianapolis general-interest bookstore Big Hat Books, sells no material defined as obscene under state law, but it does sell literature with content that might be deemed harmful to minors.

Big Hat Books earns more than half its revenue from children's literature, and that business may dissolve if the independent book store is "labeled as a purveyor of sexually explicit materials," the complaint states.

Goodin claimed that court rulings have shown there's no gray area when it comes to defining pornography.

"Individuals, corporations, companies know whether or not they're selling pornography," he said. "There's no question about that."

He also claimed that the contention that the law infringes on First Amendment rights is "absolutely ridiculous."

"I think the folks who feel this way are being deceived by the pornography industry," he said. "It's unfortunate."

The lawsuit was filed yesterday in U.S. District Court for the Southern District of Indiana.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Full Circle Introduces 'My Buddy' Plug Collection

Full Circle has debuted its new My Buddy line of vibrating anal plugs.

Little Puck Makes Her Deeper Debut

Little Puck has made her debut for Vixen Media Group (VMG) studio imprint Deeper, alongside Hollywood Cash, in “Respect.”

Rocco Siffredi Stars in Mainstream Italian Drama 'Blue'

Multi-XMAs winner Rocco Siffredi stars in the new Italian mainstream drama "Blue," directed by Eleonora Puglia.

Vibratex Names Kerrie McKinnon as Retail Specialist

Vibratex has named Kerrie McKinnon as its new retail specialist.

Penthouse Names Natalie Grace March's 'Pet of the Month'

Penthouse Magazine has named model Natalie Grace as Pet of the Month for March.

Jessi Rae Makes Her MILFY Debut

Jessi Rae has made her debut for Vixen Media Group (VMG) studio imprint MILFY, alongside 2025 XMAs Male Performer of the Year Alex Jones.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Stephanie Love Performs 1st Anal Fisting for Evil Angel

Stephanie Love has performed her first anal fisting scene alongside director and newly-crowned XMAs Male Performer of the Year Vince Karter in the latest scene from Evil Angel, titled “Stephanie Love Anal Gaping & Squirt.”

Penelope Reed Returns to Adult Time in New Pure Taboo Release

Penelope Reed has returned to Adult Time for the first time since 2018, starring in the latest release from studio imprint Pure Taboo, titled "The Family Ritual."

Show More