Indiana State Representative Terry Goodin, D- Crothersville, IN. alleged on his web site, as reported by Deanna Krinn in The Indiana Daily Student newspaper ( Indiana University, Bloomington , Indiana ), that a store opened in his district selling sexually graphic products.
The good Repub, err I mean Democratic politician then wrote a bill, the original intention of which was, " to protect Indiana residents".
The LAW which went into effect on Tuesday July First was OVERTURNED by a federal judge THE SAME DAY as being unconstitutional.
In her written opinion Judge Sarah Evans Barker said, "Clearly, a vast array of merchants and materials is implicated by the reach of this statute as written "
As written, the law applied to any new retailer or any retailer who changed their location after June 30 that intended to sell any book, magazine, recording, or video deemed "sexually explicit" to register with the Indiana secretary of state, to pay a $250 fee and to provide a list of all items for sale.
Judge Barker pointed out that, "A ROMANCE NOVEL sold at a drugstore, a MAGAZINE OFFERING SEX ADVICE at 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 ...ALL INCIDENTS OF UNQUESTIONABLY LAWFUL
, NONOBJECTIONABLE, NONPORNOGRAPHIC MATERIAL being sold to adults...would appear to necessitate registration under Representative [Goodin’s] statute".
Christopher Finan, president of the American Booksellers Foundation for Free Expression said, "It (the statute) would have been devastating because of its vagueness".
Mr. Finan added that, "Although we were never in any serious doubt about the statute we were pleased that the Judge made short work of this very bad law. We hope that the state will acknowledge the judges opinion and decide not to appeal".
I, (dollparty), having lived in Indiana for many years realize that this however would not be a given in such a moralistically conservative state.
It may be comforting to some conservative Democratic readers to know that like President Bush & Senator McCain might choose to do, there are Democratic politicians out there who are intent on protecting ‘Widow Women’ who are only trying to make a buck by selling old, oh so lascivious, Play Boy magazines?
Do we really need Democratic politicians writing such poorly crafted laws?