Published: May 14, 2008 12:04 pm         

Editorial: Pornography law could bring unwarranted scrutiny

Editorial: Pornography law could bring unwarranted scrutiny



Opinion: The Herald Bulletin, Anderson, Ind





In 2005, the Lion’s Den bookstore opened its doors alongside Interstate 65 near Uniontown in Jackson County.





Before opening, the bookstore reportedly never gave indication that it would sell adult material. Pornography opponents stood outside the store round the clock to protest.



Many cities and towns have ordinances to regulate those kinds of retailers.



But in this case, the store was in an unincorporated area that has no zoning restrictions. The case sparked state Rep. Terry Goodin, D-Crothersville, to create a bill regulating the retail sales of adult material. His House Bill 1042 becomes law July 1.



A business intending to sell sexually explicit materials, products or services will have to register and file a statement with the Indiana Secretary of State. The Secretary of State is then supposed to forewarn county officials. The filing fee is $250 and goes into the state’s general fund.



Selling sexually explicit material such as pornography without proper registration could result in a Class B misdemeanor charge. A Class B misdemeanor can result in up to 180 days in jail or up to $1,000 in fines.



“We have to send a message to retailers that there is more than porn in Indiana,” Goodin said during a House hearing on his legislation.



The measure passed the House, 88-12, and the Senate, 44-2.



Goodin believes the law serves as an alert for communities. Protesters get a longer chance to organize.



The Indiana American Civil Liberties Union and the Indianapolis Museum of Art filed a lawsuit challenging the law. The lawsuit should be considered carefully by the courts, mainly because First Amendment rights could be at stake.



The intent of the law, to make officials aware of the coming of businesses that might offend the local sense of decency, is admirable. However, the definition of pornography can be elusive, and the law could open the door for entities such as museums, booksellers and newsstands to come under unwarranted state or local scrutiny.