Stores that sell magazines with racy covers got a little relief with a bill that moved out of a House committee Tuesday.
Utah's strict standards regarding displaying indecent materials to minors remain intact. But a store can defend itself against a lawsuit by using blinder racks or opaque magazine covers, or placing the material in an area inaccessible to minors.
"They then have some protection against prosecution by making a good-faith effort," said Rep. Aaron Tilton, R-Springville and the bill's sponsor.
It protects retailers in situations in which, for example, a magazine such as Maxim is displayed behind a cover but a customer leaves it somewhere where a minor can see it.
"This could very easily happen," said Rep. Melvin Brown, R-Coalville, who sits on the House Public Utilities and Technology Committee. "So I think the affirmative defense is very important to protect our business people."
The committee voted unanimously to forward the bill to the House floor for a vote.
The relevant section of state law covers more than just magazine covers -- it includes depictions of nudity or sexuality that lack literary, artistic, political or scientific value.
Violating it by allowing minors to access such material is a crime.
"This is a law that we have wrestled with for years," said Jim Olsen of the Utah Retail Merchants Association. "We try diligently to stay within the parameters of the law, and yet it's very difficult."
While Tilton's bill was welcomed, Olsen also complained to the committee that the legal standards are so strict they're can't be followed. He said he recently found three newspaper advertisements for clothes that violated the law's dictates on what can be shown. Photos of celebrity awards galas are also troublesome, he said, because of the stars' slinky outfits.
"It's almost impossible for us to identify it all," he said. "These are felonies if we violate them."
HB 333, Materials Harmful to Minors, Rep. Aaron Tilton, R-Springville. This bill would provide as an affirmative defense the use of blinder racks or other physical means preventing the display of materials harmful to minors.
This story appeared in The Daily Herald on page A7.
Posted in Local on Tuesday, January 30, 2007 11:00 pm
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