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 © 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

Magic Silk Expands 'Love' Line

Magic Silk has introduced six new styles from its Love line of lingerie.

XBIZ Virtual Retail Event Set for July 28-30

To facilitate global business between pleasure brands and buyers without the need for travel, XBIZ is pleased to reintroduce a virtual edition of its retail events, set for July 28-30.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released two new styles from its Svenjoyment undergarment line.

Jewelz Blu Stars in Latest Gangbang From Ricky's Room

Jewelz Blu stars in a new gangbang scene from Ricky's Room, titled “Every Hole Is The Goal.”

Alexis Fawx, Armani Black Make Their Bellesa Plus Debuts

Armani Black and multi-XMAs winner Alexis Fawx have made their Bellesa Plus debuts alongside John Legendary in the latest episode of the studio’s “Blind Date” series.

Blush, 'Drag House Rules' Partner for Pride Month

Blush has been named an official challenge sponsor for OUTtv’s “Drag House Rules” during Pride Month.

DomCon LA Cracks the Whip on Community and Kink Education

As DomCon attendees packed up their paddles and checked out of the LAX Hilton following a long weekend of play parties, classes, and high-impact reunions with old friends, it was easy to tell who was there for the 23rd year of LA’s premier BDSM gathering and who was a business traveler from Cleveland who happened to be in the weird place at the right time.

Reptyle to Debut MYLF's 1st Serialized Release 'Motherfucker'

Reptyle will premiere MYLF’s first serialized release, “Motherfucker,” starting Friday.

Angela White Leads Latest From Brazzers

Multi-XMAs winner Angela White stars with Mick Blue in the latest release from Brazzers, titled "Formula Cum."

McKenzie Mae Leads Latest From Private

McKenzie Mae stars alongside Axel Haze in the latest release from Private.

Show More