Let's not get too excited about the comic shops having a choice.Comic shop owner convicted for selling adult comics.
He sold an adult comic to an adult police officer and was charged for it. He'll be spending 180 days in prison, a year under probation, and have to pay $4000.
An excerpt from the prosecutor's closing:
I don’t care what type of evidence or what type of testimony is out there, use your rationality, use your common sense. Comic books, traditionally what we think of, are for kids.
Because I can't let something like that be said (the prosecutor quote) without attacking it and still sleep at night.
1 'I don't care what type of evidence or what type of testimony is out there'
This goes against one of the basic precepts of the legal system. Namely that evidence and testimony are ALL that matters, aside from the letter of the law.
2 'Comic books, traditionally what we think of, are for kids.'
I said this before and I'll say it again. This is an idea unique to people who have never read a good comic.
3. On obsenity laws.
II honesly can't figure out a way for the store owner to have won that case though. (I'm assuming the comic was blatantly pornagraphic, not just adult. I know a video store owner won a case like that on the grounds that pornagraphy use is common in the area. But pornagraphic comics aren't. (At least to the best of my knowledge)