ILNews

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. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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