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Committee introduces draft RS32021C1 to regulate access to indecent adult-oriented exhibitions where children may be present
Summary
A legislative staff-drafted proposal (RS32021C1) that would require event hosts and facilities to take "reasonable steps" to prevent children's access to indecent adult-oriented exhibitions was introduced in House State Affairs; sponsors and proponents said it is intended as a time, place and manner regulation and not an outright ban.
Legislative counsel and a nonprofit advocate introduced RS32021C1 in the House State Affairs Committee, a draft that would make hosts and facilities responsible for taking "reasonable steps" to restrict children’s access to indecent adult-oriented exhibitions.
Blaine Kinzotti, president of the Idaho Family Policy Center, said the draft does not ban adult performances outright but creates a duty of care for hosts and organizers. "The RS does not ban [adult-oriented] exhibitions outright," Kinzotti said, adding the measure is intended as a "constitutionally permissible time, place, and manner regulation."
Kinzotti told the committee the bill's indecency standard mirrors the Federal Communications Commission standard used for broadcasts, and that the draft applies equally to a range of performances the sponsor described as including "drag shows, [exotic] dancing, burlesque performances, stripteases." He said organizers could comply by steps such as checking IDs at the door.
Committee members pressed drafters on affirmative defenses and the bill’s legislative findings. Representative Schuman asked whether a host could avoid liability simply by announcing that explicit material might occur. Committee counsel clarified that the draft contains an affirmative-defense provision that would excuse a host if it can produce a legally enforceable contract stipulating performers will not engage in prohibited conduct; the bill also places the burden on a plaintiff to show the host failed to take reasonable steps.
Representative Mickelson and others flagged the length of the legislative findings and asked whether the statutory background was necessary. Representative Akiles raised First Amendment concerns and suggested strengthening the affirmative-defense language before the full committee hearing.
The committee approved a motion to introduce RS32021C1 for further consideration; the vote was recorded as carried.
This RS is an introductory step; the draft would need to be introduced as a bill and go through the committee process before reaching the House floor.
