FLEMINGTON, NJ — If the Borough Council gets its way, those hoping to purchase sexy magazines will need to be at least five-feet tall in order to know they’re even available for sale in retail outlets courageous enough to carry them. As is so often the case, council members appear confused about what constitutes an “obscene” publication. Although a currently existing ordinance bans the sale of obscene materials, perfectly legal adult publications are still referred to as such – and a proposal under consideration would require that they be kept covered with a sleeve or binder and displayed at least five-feet from the ground so that shorter eyes can not see them easily.
Borough Attorney Barry Goodman considers the proposals to be useful in making the revised state ordinance “stronger in the sense of being enforceable.”
According to the Hunterdon County Democrat, not everyone agrees with Goodman. Joan Greiner, for instance, is decidedly unimpressed. It was Greiner who made the presence of adult publications for sale an issue and feels the revised ordinance makes them even more accessible.
Greiner’s preference is that “obscene materials” be kept away from areas where foot traffic tends to be high. Goodman’s instruction that the state has no legal right to determine where materials are located within a store did not set well with her.
At issue for Greiner was the availability of saucy publications across from an ice cream display within the Steve’s Food Store. Since her complaint, the store has opted to cover the magazines with a board; a solution that the Democrat says has not appeased the sensitive Greiner.
Councilwoman Brooke Liebowitz reminded citizens attending this past Monday’s public hearing on the subject that because “it’s a First Amendment issue” Borough can not ban the sale of such publications outright.
Fellow councilwoman Linda Mastellone proposed that such magazines might be kept in their own room and Mayor Hauck encouraged citizens to provide merchants with feedback that might motivate them to be responsive to their concerns.
Ultimately, the issue was tabled in order to give shopkeepers more time to adjust their magazine presentations and for the council to consider all of its options.
