Committee introduces RS32021C1 proposing limits on indecent exhibitions where children might be present

The House State Affairs Committee voted to introduce RS32021C1, a draft rule that would create a duty of care for facilities, hosts and event organizers to take "reasonable steps" to restrict children’s access to indecent exhibitions.

Blaine Kinzotti, introduced himself as president of the Idaho Family Policy Center and described RS32021C1 as a time, place and manner regulation that "does not ban indecent exhibitions outright." He said the proposal would require reasonable measures — such as checking identifications at the door — to prevent children from being exposed to sexually explicit live performances. Kinzotti told the committee the draft uses an indecency standard similar to the FCC’s long‑standing daytime-broadcast standard and said the proposal would apply equally to drag shows, burlesque, striptease and other performances the drafter considered "indecent exhibitions."

Committee members questioned drafting details and the scope of defenses. Representative Mickelson asked whether the bill relied heavily on legislative findings and court cases rather than a simple statutory definition; counsel (identified in the transcript as Mr. Gazzaley) said legislative findings provide legal rationale and intent. Representative Schuman raised concerns about hosts’ liability in situations such as an improv show with unpredictable performers. Counsel responded that paragraph E(1) creates an affirmative defense if a host can produce a legally enforceable contract with performers prohibiting indecent conduct, and that plaintiffs would still carry the burden to prove a host failed to take reasonable steps.

Representative Scott moved to introduce RS32021C1; the motion to introduce the RS carried on a voice vote. Representative Akiles commented that the RS appeared narrowly defined on first read but questioned whether the draft needed three pages of legal background and stronger affirmative defenses; he said committee members should approach First Amendment issues carefully.

The draft as described in the committee hearing does not ban the specified performances outright, but would create host duties, set an indecency standard tied to FCC practice, and provide named affirmative defenses including written contracts with performers. The transcript does not show final bill text or a statutory citation beyond the RS number. Further drafting and a follow-up committee hearing were mentioned as next steps.