LEGISLATION

Nebraska Legislative Bill 443: Chilling Retailers' Speech

Most Recent News: Media Coalition sent to Nebraska's legislature a memo asserting that the definitions of "sexually oriented business" and "sexually oriented material" put forward in L.B. 443 are so broad that they could apply to many mainstream booksellers, music retailers, and video stores and encompass films including Schindler's List and Anchorman;  books from romance novels to  photography collections; and music by artists such as Prince or Van Halen that describes nudity or sex in a manner that could be considered inappropriate for some minors. Many stores would drastically reduce their inventory to comply with the law and avoid the negative connotations associated with "sexually oriented businesses." Retailers who did not do so would likely lose customers unwilling to shop at a business deemed "sexually oriented." 

History: NB L.B. 443 would have imposed a tax on businesses deemed "sexually oriented." Any retailer devoting as little as 10% of its space to "sexually oriented materials" is defined as a "sexually oriented business." Sexually oriented material is defined as any verbal or visual depiction of nudity or sexual activity that is patently offensive to the average adult with respect to what is suitable for a minior. Businesses deemed "sexually oriented" would not be allowed to operate between 11 p.m. and 8 a.m., and new "sexually oriented businesses" would face restrictions on their locations.

The bill, co-drafted by the organization Family First, failed to pass out of the General Affairs Committee.

updated 4/23/09