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Colorado to Consider Harmful-to-Minors LawThe Colorado House Judiciary Committee passed a measure January 13 that would criminalize the dissemination of sexually explicit books or other materials. The committee voted 8–3 to move H.B. 04-1078, which also makes it an offense for book and record stores to display materials deemed harmful to minors, to the House floor. The bill, sponsored by Rep. Ted Harvey (R-Highlands Ranch), defines harmful materials or performances as any that have a “predominant tendency to appeal to the prurient interests of minors.” Providing or exhibiting such material to a minor without asking for proof that he or she is 18 or without the prior consent of a parent or guardian would make anyone, including librarians, subject to fines and up to one year in prison. The measure passed despite impassioned testimony from witnesses who argued that restrictions on displays are important for retail stores and could hurt them financially, the Denver Post reported January 14. Joyce Meskis, owner of Denver’s Tattered Cover bookstore, held up several volumes, including The Art of Nude Photography, and asked whether the bill would force her to hide the books on a high shelf or behind an “opaque cover” as the law proposed. Harvey countered by asking, “Is it sound policy for children to walk through Virgin Records and see pornography? If someone wants to take us to court to say they can display that kind of trash to our kids, by God let them take us to court. I believe it will be declared constitutionally sound.” Similar legislation has been overturned or questioned in other states, most recently in Arkansas. Posted January 15, 2004. |
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