Montana Bill Would Allow Counties, Cities to Enact Obscenity Ordinances

HELENA, Mont. — A bill proposed by the Montana Citizens for Decency Through Law would allow counties and cities to enact their own obscenity ordinances.

Dallas Erickson, head of the group that originally wrote and submitted the idea, told XBIZ that the bill could be decided upon as early as next week and would allow communities to pass laws more restrictive than those of the state of Montana.

Rep. Ron Stoker, R-Darby, is sponsoring the bill. He was unavailable for comment at press time.

Erickson’s main concern is access to and dissemination of “harmful materials” to minors. The bill would require stores selling adult materials — both hardcore and softcore — to hide covers and move them to “out of sight and out of reach” areas.

The addition of softcore materials, including Hustler and Penthouse, is new, expanding the definition of obscenity in the state.

Erickson said the current law only applies to businesses and that “molesters can still show [obscene material to kids].” The change would make it a crime for anyone to show obscene material to minors.

Erickson also said any resident of the county or city can draft an ordinance, but “they’d better know what they’re doing to make it constitutional.”

He stressed that no proposed ordinance that is considered unconstitutional will be accepted. For example, charging facilities for prominently featuring R-rated films or the swimsuit editions of sports magazines cannot be considered harmful to minors.

Libraries and theaters will not be required to hide or remove mainstream content featuring nudity, such as National Geographic, and Erickson said worrying that they’d be charged for providing such content to minors is “silly.”

“No [library or theater] has ever been charged with obscenity,” Erickson said. Materials with “serious literary, scientific, artistic or political value for minors” are exempt from the definition.

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

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

UPDATED: Arcom Threatens to Block, Delist 2 Adult Sites Over AV Violation

French media regulator Arcom has sent enforcement notices to the operators of two adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Show More