Suit challenges new sexually explicit retailer law

Jennifer Nelson
January 1, 2008
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Several Indiana arts and publishing organizations have joined the American Civil Liberties Union of Indiana in a suit challenging the state's new law that requires sellers of sexually explicit material to register and pay a fee to the state.

The ACLU of Indiana, along with the Indianapolis Downtown Artists and Dealers Association, Freedom to Read Association, Big Hat Books, Indianapolis Museum of Art, and other groups, yesterday filed the suit, Big Hat Books, Boxcar Books and Community Center Inc., et al. v. Prosecutors, 1:08-CV-00596, in the United States District Court, Southern District of Indiana against every county prosecutor. The plaintiffs want a preliminary injunction, and later a permanent injunction, enjoining the enforcement of the statute. The plaintiffs also ask for attorney's fees and all other proper relief.

The suit challenges the constitutionality of House Enrolled Act 1042 that will require any person or organization - including all its employees - that wants to sell literature or other material deemed harmful to minors under Indiana law to register with the Secretary of State and pay a $250 filing fee. The plaintiffs claim the new law, which takes effect July 1, is unconstitutionally vague, an unjustified content-based restriction on activity that is protected, is a content-based punitive tax on First Amendment protected materials, and is irrational and violates due process.

The law doesn't apply to anyone or group who sells sexually explicit materials unless the business location changes after June 30, 2008; however, if a new employee is hired after June 30, he or she will be required to register with the state.

Several of the businesses in the suit are contemplating relocation or expansion in the upcoming months and would be subject to the new law. The plaintiffs worry that any material they sell - books, music, art, photos - that is considered sexually explicit under Indiana statute would require them to register with the state if they relocate even if the material isn't intended for the sale or use by minors, or if they hire a new employee after June 30. The plaintiffs claim having to register would label the businesses and organizations as purveyors of sexually explicit material and harm their reputation.

The suit claims the statue contains no guidance as to what types of materials must be registered with the Secretary of State and will lead to self-censorship in order to avoid the state's registration requirements.

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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.