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 © 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

Anissa Kate Fronts Latest From Pervz

Anissa Kate stars with Arin Jones in the latest release from Pervz series “PervTherapy.”

XR Brands Debuts 'Jock Premium' Squirting Dildos Collection

XR Brands has introduced its Jock Premium collection of squirting, silicone dildos.

Violet Myers, Rissa May Lead 3rd Installment of 'Equilibrium' From Deeper

Multi-XMAs winner Violet Myers and Rissa May star with Jason Luv in the third installment of Vixen Media Group studio imprint Deeper’s fantasy feature “Equilibrium.”

Kaotik Labs, Dildos Assorted Ink Distro Deal

Svakom’s male-focused sextech sister brand, Kaotik Labs, has signed a deal with Dildos Assorted (DA) for exclusive online distribution.

Calvista Now Shipping Tenga Products and 'Iroha' Line

Calvista has signed an Australian and New Zealand distribution deal for Tenga and its Iroha product line.

Elegant Angel Showcase 'Tanya Tate Is MILFWoman' Premieres

Tanya Tate takes on the role of "MILFwoman" in the latest Elegant Angel showcase series.

Richard Mann Drops New Evil Angel Scene With Alexandra Quintezz

Alexandra Quintezz stars in an Evil Angel scene alongside Sir Goldey and director/performer Richard Mann.

Vixen Media Group Debuts 3rd Season of Cross-Site Series 'Hotel Vixen'

Vixen Media Group (VMG) has launched the third season of its cross-site, Caribbean-set series "Hotel Vixen," with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Blake Blossom, Kate Dalia Topline 'Lesbian Trainer 4' From Sweetheart Video

Blake Blossom and Kate Dalia headline the fourth volume of “Lesbian Trainer” from Mile High Media studio imprint Sweetheart Video.

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 12."

Show More