By Rachel Deahl -- Publishers Weekly, 3/25/2008 8:39:00 AM
The American Booksellers Foundation for Free Expression (ABFFE) has blasted a new Indiana law that requires bookstores to register with the government if they sell what is considered "sexually explicit materials." The new law, H.B. 1042, was signed by Governor Mitch Daniels on March 13, and calls for any bookseller that sells sexually explicit materials to register with the Secretary of State and provide a statement detailing the types of books to be sold. The Secretary of State must then identify those stores to local government officials and zoning boards. “Sexually explicit material” is defined as any product that is “harmful to minors” under existing law. There is a $250 registration fee. Failure to register is a misdemeanor.
ABFFE spokesman Chris Finan said the law is the only one of its kind currently on the books in the country. Calling it "clearly unconstitutional," Finan said ABFFE will urge the Media Coalition to challenge the law at the organization's next meeting on April 9. H.B. 1042 does not go into effect until July, by which time Finan is hopeful the lawsuit will be filed and an injunction issued by the court."