Federal Judge Throws Out Indiana 'Explicit Materials' Law

INDIANAPOLIS — A controversial state law that required retailers that sell "explicit material" to register with the state and pay a $250 fee has been thrown out by a federal judge in response to a suit filed by the ACLU.

U.S. District Judge Sarah Evans Barker ruled Tuesday that the law was too broad, saying it could be applied 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 American Civil Liberties Union represented a group of plaintiffs that included the Indianapolis Museum of Art and mainstream bookstores and publishers.

"It's a victory for booksellers and the arts community, but most importantly for the First Amendment," Maxwell Anderson, the art museum's CEO, told reporters. "I'm concerned, as we all should be, about restrictions on free expression."

Elizabeth Houghton Barden, owner of Big Hat Books, an independent, general-interest store in Indianapolis, said she and her fellow plaintiffs did not want to see lingerie shops opening up next to candy stores, but that was a matter for zoning boards.

The state representative who wrote the law, Terry Goodin, D-Crothersville, said he wanted to stop companies from deceiving communities that had weak zoning laws.

"I don't see this gray area that people are talking about," Goodin was quoted as saying. "To me, it's black and white. If you're selling pornography, you know it. If you're not, you don't have to register."

In Barker's ruling, she called the state law unconstitutionally vague.

"The statute provides no guidance whatsoever to merchants attempting to comply with the law, and surely creates the danger of self-censorship in an effort to avoid criminal penalties," the judge wrote.

Goodin said he would confer with the state attorney general before deciding what to do next. He did not rule out trying again with another bill in the 2009 legislative session.

ACLU attorney Ken Falk noted the plaintiffs included the volunteer-run Boxcar Books and Community Center in Bloomington, art galleries, and trade associations representing booksellers, publishers, libraries, video rental stores and music companies.

"They are all legitimate businesses that are far from being the 'dirty bookstore,'" Falk told reporters.

Related:  

Copyright © 2024 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

BasisDx Adds Expedited Results Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a new option for expedited test results for its Pro13 kit.

Kalani Luana Stars in Latest From Hookup Hotshot

Kalani Luana stars with Nade Nasty in the latest release from Hookup Hotshot (HUHS).

Lilyadick Makes Her TransAngels Debut

Canadian star Lilyadick has made her debut for TransAngels alongside Parker Savage in the video game-themed scene “Playing With The NPC Babe.”

Kazumi Stars in Latest From Tushy

Kazumi stars with Milan Ponjevic, Jax Slayher and Dan Damage in a new airtight scene from Vixen Media Group (VMG) studio imprint Tushy.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Cherry Kiss Toplines Pat Myne's 'Anal Fetish Babes'

Cherry Kiss headlines director Pat Myne’s “Anal Fetish Babes,” from Evil Angel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Nicole Aria Stars in Latest From Jules Jordan

Nicole Aria stars with John Strong and Zac Wild in the latest release from Jules Jordan.

Ellie Nova Is Hustler's 'Cover Honey' for December

Ellie Nova is the Cover Honey for the December issue of Hustler Magazine, appearing in a 14-page centerfold spread shot by ThisYearsModel.com.

Show More