Committee introduces RS32021C1, a proposal to restrict children's access to indecent exhibitions

The House State Affairs Committee voted to introduce RS32021C1, a legislative proposal that would impose duties on facilities and event hosts to take reasonable steps to limit children's access to performances the drafter described as "indecent exhibitions." The committee introduced the RS for further drafting and committee consideration.

Blaine Kinzotti, identified as president of the Idaho Family Policy Center, told the committee the draft creates a "duty of care for facilities, for hosts, and organizers of indecent exhibitions to take reasonable steps to restrict children's access." He said the RS "does not ban [those] exhibitions outright" and framed the proposal as a time, place and manner restriction that could survive constitutional scrutiny if applied content-neutrally.

Kinzotti said the draft references the Federal Communications Commission's longstanding indecency standard as a guide and that the RS would apply across categories of performances "whether drag shows, burlesque, striptease, etcetera." He said organizers could comply by actions such as checking identification at the door.

Committee members pressed the drafter on the RS's length, the inclusion of legislative findings and the strength of affirmative defenses for hosts. A committee attorney (identified in the transcript by multiple spellings) pointed to paragraph E(1) of the draft, which the transcript records as providing an affirmative defense if a host can produce a legally enforceable contract in which performers agree not to engage in prohibited conduct. The drafter and committee members discussed that even without a contract, the plaintiff would still bear the burden of proving the host failed to take reasonable steps.

Several representatives asked whether requiring long legislative findings was necessary and whether the affirmative-defense language should be strengthened; proponents said the language was intended to show a legal rationale and to avoid banning adult performances while protecting children.

The committee adopted a motion to introduce RS32021C1 for further work. Representative Scott moved the introduction; the motion carried by voice vote. Committee members indicated they will continue to debate the draft's scope, affirmative defenses and constitutional issues in future hearings.

The RS as presented included legislative findings and a provision the drafter described as mirroring the FCC indecency standard; the transcript records no vote on final language and no fiscal estimate in committee minutes provided.