The bill passed with an emergency clause allowing it to become effective immediately after the governor signed it into law May 9.
“We were very clear in our legislative intent,” West said. “We want to protect minors and the general public from exposure to obscenity in public settings. This law was pursued to give clear direction to municipalities, event organizers and law enforcement so issues of public exposure can be avoided before they happen rather than punished after the fact.”
Sen. Bullard said, “Our goal is to ensure that there is no confusion with municipalities about the expectations of this law. Obscene behavior in front of kids is not acceptable, and their job is to protect the kids who are in their public places from obscenities. If a council or organizer hosts an event they have approved then they must, by law, make sure it will not be obscene.”
In the request sent to the attorney general, the two lawmakers specified that HB1217 directly incorporates the definition of obscene material that exists in state statute, which codifies the Miller v. California test.
“That test exists to thread the needle between rights – acknowledging that individuals have broad constitutional freedoms in how they dress, express themselves, and perform, while also protecting the community’s and families’ right, and indeed responsible expectation, not to be involuntarily exposed to explicit sexual conduct or imagery in public or ‘family-friendly’ spaces,” the request reads.
“This balance is not only the foundation of obscenity law; it is also the proper balance between local discretion and state-level consistency.”
West and Bullard asked the attorney general to address six specific questions regarding the new law, one of which asked if it is accurate to interpret the bill as being enacted primarily to prevent exposure to obscene material through clear statutory limits and proactive compliance by local governments, rather than to create new grounds for prosecution.
The purpose of the questions, they said, was to promote clarity, consistency and prevention. They said a timely clarification for municipalities is needed given that this time of year includes numerous community festivals, holiday parades and public events across the state.
A full copy of the letter can be read here.
Kevin West serves District 54 in the Oklahoma House of Representatives. His district includes parts of Cleveland and Oklahoma counties.
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