A national bookseller’s group is seeking a legal challenge to a new Indiana law that requires bookstores and other businesses to register with the state if they sell sexually explicit materials.

The American Booksellers Foundation for Free Expression based in New York said the new law defines “sexually explicit” so broadly that it could apply to bookstores that sell maintstream novels and other works with sexual content as well as educational books about sexuality and sexual health.

H.B. 1042 was signed into law last week by Gov. Mitch Daniels. The bill passed both chambers overwhelmingly. Among legislators who represent Porter County, State Representatives Charlie Brown, D-Gary, voted for the bill originally but then voted no after Senate amendments. All other Porter County lawmakers voted in support of the bill.

The new law requires those who intend to sell sexually explicit materials after June 30 to pay a $250 fee to register with the state and makes it a Class C misdemeanor for failure to register and file a statement. The law makes some exceptions, such as materials provided by schools and physicians.

"It is un-American to force booksellers to register with the government based on the kinds of books they carry,"

ABFFE President Chris Finan said. "It is also unconstitutional, and we intend to do everything we can to challenge this violation of the First Amendment rights of Indiana booksellers and their customers."

Finan said ABFFE will ask the Media Coalition to file a legal challenge to the Indiana law.

Posted 3/27/2008