October 22, 2004
Arkansas State Supreme Court Clarifies Elements of Display Law
In the second display law decision of the last two weeks, the Arkansas State Supreme Court clarified opinion on a display statute and interpretation of same by the state's attorney general. As opposed to a ruling on the constitutionality of the law, this was a step where the Court issues a response to questions by a district judge. One issue of particular interest at this stage was whether the law should apply all minors or distinctions between older and younger ones.
The Comic Book Legal Defense Fund had earlier
joined a coalition against the law. At the time yesterday's news went public, the Fund had yet to issue its interpretation, but when they do that will be linked to directly
right here.
This news story explains the decision, the process, and provides a happy quote from the booksellers' attorney.
The comics business analysis site ICV2.com provides their initial interpretation
here. I would imagine keys for comics retaliers include the definition of display, the fact a physical barrier must exist between minor and product, and an intepretation of retailer malfeasance that includes not doing anything if a violation is discovered.
As in Michigan, the concerns of the CBLDF and other interested parties centers around a potenial overzealous intepretation of vague law, so explicit clarification can be its own positive outcome, no matter if the rule itself is struck down or upheld.
posted 7:58 am PST |
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