IN- Indiana booksellers predict lawsuit over explicit material law

Indiana uses "sex" for income! Isn't there a word for that? I wonder, is the Bible sexually explicit?

3-26-2008 Indiana:

A new Indiana law that requires businesses selling sexually explicit materials to register with the secretary of state could face a legal challenge, a national group of booksellers says.

American Booksellers Foundation for Free Expression President Chris Finan said the group plans to ask the Media Coalition, a New York-based group that defends First Amendment rights, to take legal action to overturn the law that was signed last week by Gov. Mitch Daniels.

The Media Coalition is expected to decide by mid-April whether to take legal action, Finan said.

"The way we read this bill, if you stock a single book with sexual content, even a novel or a book about sex education, you will have to register as a business that sells sexually explicit material," Finan told The Indianapolis Star for a story posted its Web page Tuesday.

"This is just outrageous from our standpoint and we believe it is a violation of the First Amendment."

The law, which takes effect July 1, requires bookstores to pay a $250 fee and register with the state if they sell sexually explicit books or movies. That information would then be shared with local officials, who could monitor businesses for violations of local regulations.

State Sen. Brent Steele, R-Bedford, who co-sponsored the legislation, said it was aimed at helping counties without zoning ordinances track adult businesses. The law does not apply to businesses that sold sexually explicit material on or before June 30; it applies only to new businesses, those that relocate or businesses that begin offering such material after that date.

"I just don't think that their concern is legitimate," Steele said.

But Finan said the law's definition of what is sexually explicit is too broad and could include popular fiction, photography books that include nudity and books about human sexuality.

The law does not prohibit stores from selling books with sexual content, but Finan said it could have a chilling effect on bookstores as they try to avoid being placed on the state list.

Henry Karlson, a professor at Indiana University Law School-Indianapolis, said it could be difficult for businesses to know whether to register.

"There’s this huge gray area," he said. "If you register, you get lumped in with businesses that sell pornography and other sexually explicit material on some state list, and if you don’t, you could face a fine or charges."

Finan said the association opposes the law on behalf of mainstream bookstores, not shops that specialize in sex-related products. A group of about 15 local and national booksellers sent a letter to Daniels urging him to veto the legislation, but he signed it into law March 19.

Jane Jankowski, the governor’s spokeswoman, said in a statement Tuesday that Daniels’ office has no record of receiving the letter from booksellers.

The association is not aware of similar laws in any other states, Finan said. If the law goes unchallenged in Indiana, other states might copy it, he said.

"This is not a close call," Finan said. "This is something that has to be challenged." ..more.. by SB Tribune