SOUTH BEND, Ind.—Planning to open a bookstore in Indiana? Maybe a newsstand? How about a pharmacy? You may be officially labeled a purveyor of "sexually explicit materials."
Now, if you'll just sign this registry, the secretary of state will accept your check for $250.
At the end of March's legislative session, Indiana Gov. Mitch Daniels signed House Act 1042, which requires all new businesses selling "sexually explicit materials" to notify the secretary of state and pay a licensing fee. Failure to comply is a Class B misdemeanor, punishable by a fine of up to $1,000 and up to 180 days in jail.
Exactly who — or what — defines "sexually explicit" is the $250 question, and the crux of any test of the law's constitutionality.
Owners of two local bookstores - The Griffon and Erasmus Books were interviewed for the story.
"Sounds like they're really trying to restrict free trade," said Sara Bird, who co-owns The Griffon, a South Bend storefront where gaming enthusiasts and bibliophiles mix amid stacks of out-of-print books, model kits and quilting manuals. Her partner, Ken Peczkowski, is a former professor of Russian language and literature at the University of Notre Dame.
"We're both in favor of less government," he said. "At least as far as legislating morality is concerned."
Philip Schatz co-owns Erasmus Books, which takes up the first two floors of a prairie-style house just a few blocks from downtown. He has no plans to relocate his business or open a new branch, but he is certain that if he did, his used-bookstore would be subject to the licensing requirements.
The store sells "pretty much what you'd find at the public library," he said, but added: "We have books someone could find objectionable in our psychology section, or our art section, or our gay and lesbian section."
Full article: http://www.chicagotribune.com/news/chi-indiana-bookstoresapr10,0,6165215.story
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