A new Indiana law requiring bookstores and other retailers to
register with the state and pay a $250 fee if they sell
"sexually explicit" material was thrown out Tuesday--the day it was to
take effect--by U.S. District Judge Sarah Evans Barker.
According to the Associated Press (via the Indianapolis Star),
Barker found the law "too broad and said it could be applied against
'unquestionably lawful, nonobscene, nonpornographic materials being
sold to adults.'"
In her ruling, the judge, appointed by
President Reagan, wrote, ''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." The judge's opinion is available online.
Chris
Finan, president of ABFFE, called the deicsion "a resounding victory
for the First Amendment rights of booksellers and their customers."
ABFFE,
the Great Lakes Booksellers Association, Big Hats Books of
Indianapolis, Boxcar Books and Community Center of Bloomington were
among plaintiffs in the suit, filed in May (Shelf Awareness,
May 7, 2008). They argued that the law would have a chilling effect on
the sale of constitutionally protected works. As ABFFE noted, "To avoid
being labeled an 'adult' store, retailers would have been forced to
suppress the sale of almost all works with sexual content." The plaintiffs are seeking reimbursement for attorneys' fees. The state has 30 days to appeal.
The
AP reported that Elizabeth Houghton Barden, owner of Big Hat Books,
"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."
''Any time we engage in censorship, we've lost our right to free expression,'' she added.