Retailers, ACLU Sue to Stop Indiana 'Explicit Materials' Law

INDIANAPOLIS — A lawsuit to stop enforcement of a new Indiana law regarding "sexually explicit materials" was filed yesterday in U.S. District Court. Plaintiffs in the suit included the Indianapolis Museum of Art, The American Civil Liberties Union, The Association of American Publishers, Inc. and the National Association of Recording Merchandisers.

The law was signed March 13, and goes into effect July 1. It will require retailers to register with the state and pay a fee in order to sell "sexually explicit material."

The lawsuit names every county prosecutor in Indiana, and aims to stop the law from going into effect July 1.

The plaintiffs contend that the law could infringe on First Amendment rights, including free speech and freedom of the press.

"We're talking about a law that has very broad, very vague and — we would contend — very unconstitutional restrictions and burdens," said Ken Falk, legal director of the American Civil Liberties Union of Indiana. "To the best of my knowledge, there is no similar law in the U.S."

State Rep. Terry Goodin, D-Crothersville, wrote the law to stop companies from opening adult stores in communities with weak zoning laws. He said that the law doesn't stop a business from selling adult materials, it just requires the retailer to declare its intention to the community.

"This is all about local control, and giving those people at the local level the opportunity to decide whether they want those types of businesses in their area," he said.

If the law targets adult businesses, then it should be written to reflect that, according to Indianapolis Art Museum CEO Maxwell Anderson. The museum store sells art history books, and Anderson pointed out that nudity plays a prominent role in the history of creativity.

"We don't want to start having to examine our bookstore and think about contents of our shelves in the way that this law requires," he said.

Another plaintiff in the suit, Indianapolis general-interest bookstore Big Hat Books, sells no material defined as obscene under state law, but it does sell literature with content that might be deemed harmful to minors.

Big Hat Books earns more than half its revenue from children's literature, and that business may dissolve if the independent book store is "labeled as a purveyor of sexually explicit materials," the complaint states.

Goodin claimed that court rulings have shown there's no gray area when it comes to defining pornography.

"Individuals, corporations, companies know whether or not they're selling pornography," he said. "There's no question about that."

He also claimed that the contention that the law infringes on First Amendment rights is "absolutely ridiculous."

"I think the folks who feel this way are being deceived by the pornography industry," he said. "It's unfortunate."

The lawsuit was filed yesterday in U.S. District Court for the Southern District of Indiana.

Copyright © 2024 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

Aylo Challenges EU's DSA Mandate to Reveal Legal Names of Advertisers, Including Performers

Aylo has filed an appeal with the Court of Justice of the European Union (CJEU) challenging the EU's Digital Services Act mandate to disclose the legal names of advertisers, including performers, in a publicly accessible database.

Irish Senate Endorses Age Verification Proposal Based on Anti-Porn US State Laws

The Senate of the Republic of Ireland — known by its Gaelic name Seanad Éireann — has endorsed an age verification bill introduced by a senator who said he was inspired by the U.S. state laws promoted by religious conservative anti-porn crusaders.

Doxy Announces Extended 2-Year Warranty

U.K. pleasure brand Doxy has announced its new extended, two-year warranty on all products registered within 30 days of purchase.

Sasha Pearl Makes Her Hookup Hotshot Debut

Sasha Pearl has made her Hookup Hotshot debut alongside Nade Nasty.

Kourtney Dash Stars in 'Banged Behind Bars' From TransAngels

Kourtney Dash stars with Michael Jackman in the latest release from TransAngels, titled "Banged Behind Bars."

Svakom Releases 'Jordan' Anal Vibrator

Svakom has debuted its new app-controlled thrusting anal vibrator Jordan, featuring rainbow-colored lights.

Meta Admits to Updating Database of Banned Images Based on 'Media Reports'

Meta has told its Oversight Board that the company relies on “media reports” when deciding to add images to its permanent database of banned content for its platforms, including Instagram and Facebook.

Kheper Debuts 'A Lifetime of Sex!' Relationship Game

Kheper Games has released its new "A Lifetime of Sex!” relationship game.

Cory Chase Toplines 'MILF Hook-ups' From Sex on Sight

Cory Chase headlines "MILF Hook-ups," the latest release from Mile High Media studio imprint Sex on Sight.

SexToyDistributing Now Shipping 2 New Masturbators From Curve Toys

SexToyDistributing is now shipping two new masturbators from Curve Toys' Jock collection.

Show More