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Ruling against porn law correct
Comments 0 | Recommend 0We understand why some would support state Rep. Terry Goodin's law that would have required any business selling pornography to register with the state and pay a $250 fee. We understand that Jackson County officials were deceived when permits were applied for and permission granted for what eventually became The Lion's Den at Uniontown.
But we also must agree with federal Judge Sarah Evans Barker's ruling that struck down that law as it was to become effective July 1.
There are two primary issues at play, as we see it. One involves the First Amendment and the other involves zoning laws.
Like it or not, the First Amendment allows the publication and distribution of adult material that's sold at the Uniontown store and elsewhere, including at retailers in Seymour. We agree with Barker that Goodin's law infringed on our First Amendment rights.
Secondly, the intent of the law seems to be the control of where such businesses can locate. That should involve zoning laws, preferably at the local level.
Jackson County Board of Commissioners took steps to prevent the Uniontown business from opening once the true tenant of that store leaked out in August 2005 by enacting new zoning laws that govern sexually oriented businesses. We don't know whether those ordinances will be effective or pass court review, because so far they've not been ruled upon, although they have made their way to court.
Goodin says he'll be back in an effort to propose a tougher, more clear law concerning such businesses. We wish him the best and hope that he keeps the First Amendment in mind.
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