HomeMy WebLinkAboutMeeting Packet - Boulder Arts Commission - 03/17/2004
BOULDER ARTS COMMISSION
AGENDA
March 17, 2004
5:30 p.m.
Boulder Public Library
CALL TO ORDER
APPROVAL OF MINUTES
DISCUSSION ITEMS
Arts Paper
Major Grant follow-ups: Bent Lens Cinema Grant and Miriam Paisner
HB1078 - Proposed legislation - Information only
Dushanbe Sister City Art Project
Macky Rent request for E-Town
Public Art Donation to the City-Patty Drever (6:30 p.m.)
TECHNICAL ASSISTANCE GRANTS
Boulder Arts Academy
Boulder Conservatory Theater
Boulder County Arts Alliance
BMoCA
Boulder Musicians Cooperative
Dairy Center for the Arts
E-Town
Many Mountains Moving
Open Studios
Taps are Talking
Turning the Wheel Productions
MATTERS FROM STAFF
Erich Hill
ADJOURNMENT
CITY OF BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING SUMMARY FORM
NAME OF BOARDICOMMISSION: Boulder Arts Commission
'DATE OF MEETING: March 17, 2004
NAMEITELEPHONE OF PERSON PREPARING SUMMARY: Donna Gartenmann X4113
NAMES OF MEMBERS, STAFF AND INVITED GUESTS PRESENT: "
Staff: Liz Abbott, Donna Gartenmann, Tina Walker
Members: Patti Bruck, Erich Hill, Michael Smith, Ginger Zukowski
Member Absent: Ann Moss
Guests: Katie McGannon, Brian Smith
WHAT TYPE OF MEETING CIRCLE ONE X REGULAR SPECIAL QUASI-JUDICIAL ;
OUTLINE OF AGENDA (USE ONE ADDITIONAL PAGE IF NECESSARY):
WHAT WAS DISCUSSED, TABLED; WHAT ACTION WAS TAKEN; PROVIDE VOTE TALLY OF ANY VOTES TAKEN:
Arts Paper: The Commission postponed the discussion until the June planning meeting
Macky Auditorium rent free request: Boulder Philharmonic was unanimously awarded 2 nights of rent free space at Maky.
Public Art Donation: Brian Smith, representing the Drever family, presented plans for a memorial sculpture to be placed in the
Haertling Sculpture Garden. The Parks and Recreation Advisory Board unanimously approved the project. The Arts Commission vc
4-0 in favor of the donation.
Technical Assistance Grants:
Organization Title Request Approval
Boulder Arts Academy Software Infrastructure $10,000 $2,500
Boulder Conservatory Theater Board Development $2,500
Boulder Co. Arts Alliance Database Design $3,982 $3,982
BMoCA Marketing Development $10,000
Boulder Musicians Coop Website Development $3,000
Dairy Center for the Arts Software/Staff Education $6,232
E-Town Marketing Development $4,500 $2,000
Many Mountains Moving Strategic Planning $5,000 $4,000
Open Studios Market Research $10,000
Taps are Talking Marketing Plan $9,675
Turning the Wheel Productions Fundraising Plan $10,000 $4,000
TOTAL $74,889 $16,482.00
The meeting was adjourned at 8:55 p.m.
ATTACH BRIEF DETAILS OF ANY PUBLIC COMMENTS LIMIT TO ONE PAGE):
TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS:
5:30 pm April 21, 2004 Boulder Creek Meeting Room, Boulder Public Library
*THIS FORM MUST BE SUBMITTED WITHIN FIVE DAYS FOLLOWING THE MEETING.
SEND TO:
CITY MANAGER'S OFFICE FOR WEEKLY INFORMATION PACKET
COPIES TO:
CENTRAL RECORDS, BOULDER CITY CLERK'S OFFICE
MUNICIPAL GOVERNMENT REFERENCE CENTER, BOULDER PUBLIC LIBRARY
CAO - Chapter 14-1, B.R.C. 1981 http://www.ci.boulder.co.us/cao/brc/14-t.html
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TITLE 14 ARTS city of Boulder
Chapter 1 Arts Grant Programl 'f
1 Adopted by Ordinance No. 4629. Amended by Ordinance No.
4691.
14-1-1 Legislative Intent.
An arts grant program is hereby created, whose purpose is to stimulate and promote the visual, literary, and
performing arts in the city for the benefit of the people of the city by providing encouragement and
financial support for local arts programs and artists.
14-1-2 Eligible Programs and Projects.
(a)Artists and arts organizations are eligible to apply for grants from the city for programs and projects that
stimulate or promote the availability of visual, literary, or performing arts for the people of the city. Such
programs and projects may include, without limitation:
(1)Musical productions and performances; -
(2)Lectures and classes;
(3)Theater productions and performances;
(4)Poetry readings;
(5)Radio and television programs;
(6)Dance productions and performances;
(7)Visual art, craft, and photographic festivals and exhibitions;
(8)Visual artwork for public buildings, facilities and spaces; and
(9)Film productions and performances.
(b)Any performance, production, lecture, class, reading, exhibition, festival, film, or other program funded
in whole or in part by a grant under this chapter shall be held or shown within the Boulder Valley as
defined by the then current version of the Boulder Valley Comprehensive Plan; but any such program
funded jointly by the city hereunder and by another political subdivision of the State of Colorado may be
held or shown in such other political subdivision, as long as at least one performance of any such program
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CAO - Chapter 14-1, B.R.C. 1981 http://www.ci.boulder.co.us/cao/brc/14-1.htm]
is held within the Boulder Valley.
(c)All visual artwork, crafts, and photographs funded in whole or in part by grants under this chapter shall
ccome the property of the city or shall be made available to the city for public display for a period of time
and at a cost to be determined by the City of Boulder Arts Commissionz and the grantee at the time the
rant is awarded.
'Section 2-3-2, "Arts Commission," B.R.C. 1981.
Ordinance No. 4954 (1985).
14-1-3 Application for Arts Grants.
(a)An applicant for grants under this chapter shall file an application with the commission upon fortes
prescribed by the commission for that purpose, including information that the commission deems
necessary in order to perform its functions set forth in Section 14-1-4, "Review by Boulder Arts
Commission," B.R.C. 1981.
(b)An applicant shall verify its application as to the truth and correctness of all facts and information
presented.
14-1-4Review by Boulder Arts Commission.
(a)The commission shall review and evaluate all applications for arts grants and, except as otherwise
provided in Section 14-1-6, "Certain Grants Not Requiring Express Approval," B.R.C. 1981, shall refer to
the city council a listing of and report concerning applications it recommends for approval.
(b)In determining whether to recommend approval of an application for a grant for any particular project,
the commission shall consider the following:
(1)Whether the application conforms to the requirements set forth in Sections 14-1-2,
"Eligible Programs and Projects" and 14-1-3, "Application for Arts Grants," B.R.C. 1981;
(2)Whether the proposed project is likely to result in enjoyment of the arts by a substantial
number of or diverse groups of people of the city;
(3)Whether project is of overall artistic and aesthetic merit and quality;
(4)With respect to visual art, wl~cther the project is appropriate as art in a public place and is
compatible in scale, material, form, and content with its proposed surroundings;
(5)Whether there are adequate funds available to pay the cost of the proposed project in light
of other proposals and the limited funds available to the arts grant program;
(6)Whether the project would promote diversity and innovation in the overall arts grant
program in view of other projects that have received or requested grant funding;
(7)With respect to visual art, whether the proposed disposition of the project when completed
would result in a long term benefit to the people of the city; and
2 c`3 12/18/2001 1:53 PM
CAO - Chapter 14-1, B.R.C. 1981 http://www.ci.boulder.co.us/cao/bre/14-I.htrni
(8)With respect to the performing arts, whether the production is appropriate for and is
available for audio or visual recording to be retained by the city. _
I(c)The commission shall consult with advisors in reviewing and evaluating grant applications. Advisors
shall be visual, performing, or literary artists or any other persons deemed by the commission to have
special knowledge or expertise in the arts or humanities.
14-1-5 Referral to the City Council for Approval.
(a)Upon receipt of recommendations from the commission, the city council shall hold a hearing, which
shall be quasi-legislative in nature, on the proposed grant awards.
(b)At such hearing, the city council shall by motion either approve or disapprove the grants recommended
by the commission.
14-1-6 Certain Grants Not Requiring Express Approval.
(a)For purposes of this section, the following terms have the following meanings:
"Mini-grant" means an arts grant that does not exceed a specific dollar amount designated in
the annual budget documents adopted by the city council;
"Rental assistance grant" means an arts grant that has as its purpose the provision of rental
space for classrooms, exhibitions, or performance.
(b)Anything in this chapter to the contrary notwithstanding, if the city council, in adopting the annual arts
budget, designates in the budget documents a specific maximum dollar amount for individual mini-grants
and a maximum cumulative total for all such mini-grants for such year, the commission may award
mini-grants within such dollar limitations during such year without further council approval. Such
maximum cumulative total may be set forth in the budget documents either separately from or in
combination with any maximum cumulative amount set forth for rental assistance grants under subsection
(c) of this section.
(c)Anything in this chapter to the contrary notwithstanding, if the city council, in adopting the annual arts
budget, designates in the budget documents a maximum cumulative total for rental assistance grants for the
year, the commission may award rental assistance grants within such dollar limitation during such year
without receiving further council approval. Such dollar limitation may be set forth in the budget documents
either separately from or in combination with any maximum cumulative amount set forth for mini-grants
under subsection (b) of this section.
(d)Except as provided in this section, the application procedure and criteria for award of mini-grants and
rental assistance grants are the same as those applicable to other grants under this chapter.
Back to Title 14 'vlenu
3 of3 121!18/2001 1:53 PM
Bent Lens Cinema, Inc.
Members of the Board of Directors,
Boulder County Arts Commission
P.O. Drawer H
Boulder, CO 80306
March 15, 2004
Dear Members of the Board,
I am writing regarding the proposal submitted in January by Bent Lens Cinema for
consideration in your 2004 grant cycle. The proposal regarded a youth-themed program
for gay, lesbian, bisexual and transgender (glbt) youth in our community. We were
informed that we were denied funding because there was not a specific "letter of intent"
in the proposal, confirming venue for the program we had hoped to undertake with
funding from the Commission.
As the author of the grant proposal, and Board President, I addressed the issue of venue
in our proposal (the Boulder Public Library), and stated that we could not confirm the
venue until we knew whether we would have funding to put on the program described in
the proposal. We have used the BPL for previous film programs (as the Boulder Gay
and Lesbian Film Festival, our predecessor organization) so know we will be able to find
an available date for the screenings involved in the program. This was stated in the
proposal.
By turning us down for a grant based on this reason, the Commission is effectively
locking us out of ever receiving any grant money from city funds set aside for the arts
because we will never be able to confirm a venue until we know whether we have the
funds to book specific films for a program. We cannot book films with distributors unless
we know we can pay for them. Then, there is a lengthy process with each distributor
working out dates when the films are available and coordinating that with dates that the
venue - BPL - is available.
None of this can happen until the time we know we have funding. Our program format
now is very different from the one-weekend-a-year format of the Film Festival. Largely
for financial reasons, we now show films on a quarterly basis, along with what we had
hoped would become an annual youth-themed program; this, rather than try to produce
an extremely costly annual film program with many films. This change means we only
are able to schedule film programs for which we know we have funding.
Thus, in order to do an individual program, we must know ahead of time that we will
have funds to pay for the films and the venue. Until we know this, we cannot book the
venue. BPL in particular will not hold a date until we are able to confirm a program,
which we cannot do until we have funding. Given that the library is also a city agency, it
seems ironic that we are not able to comply with this requirement with a city venue,
when it is the best venue for the program. (As a program intended for 14-20 year old
gay, lesbian, bisexual and trangendered youth, we thought parents would feel most
comfortable with their children going to a program at a government site.) I cannot
believe any venue would hold a tentative booking if another group, with financial
resources to support it, wanted the same date and was able to commit with a check.
Thus, if the Commission denies our proposal for lack of a letter of intent confirming
venue, this means Bent Lens Cinema - Boulder's only gay, lesbian and transgender film
program - will never be able to receive any major funding from the Commission because
we will never be able to confirm venue without confirmation of funding. Surely this
cannot be the Commission's intent. Moreover, if Bent Lens Cinema is locked out of city
funding because of the requirement, as the glbtq community's only arts organization, this
means that our community will not be eligible to receive any city funds to support our
visibility in the arts - an extremely significant issue for gays, lesbians and trangender-
identified people who generally must make ourselves invisible to survive. With such
strong and affirming city ordinances affirming our rights as equal citizens (sexual
orientation and gender variance), this result seems at odds with the City Council's
legislative intent in adopting such laws.
In light of the foregoing, we hope you will reconsider the application of this requirement
to our film program. We were especially excited with the prospect of programming an
entire afternoon of youth-themed glbt films, as there has never been such a program for
our youth in Boulder before. We hope to make the program an annual offering for youth
in our community. Additionally, the program provides an unprecedented occasion for
several community organizations to come together to co-produce a program for the
youth in our community, and for the young people also to have a positive leadership
experience working on the program.
We appreciate any reconsideration the Commission may be able to make, as well as
your recommendations on how to address this problem in the future.
Respectfully submitted,
Constance Spheeris,
President,
Bent Lens Cinema, Inc.
5000 Laurel Avenue
Boulder, CO
303.413.8226
. day
Ms. Donna Gartenmann
City of Boulder Arts Commission L
1000 Canyon Road
Boulder, CO 80302
Feb 28", 2004
Dear Donna,
We at Lemon Sponge Cake Contemporary Ballet would like to extend a wholehearted thank you
to the Boulder Arts Commission for its generous support of AustriaPop to be presented at the
Chautauqua Summer Festival 2004.
It is through the generosity of the Boulder Arts Commission has allowed The Company and
Dance Center to develop. We have five performance weekends scheduled for the year 2004 and
are expanding our curriculum to offer the community more educational opportunities.
Please remember that the commissioners have an open invitation to attend LSCCB
performances, observe scheduled rehearsals and/or classes.
Kindest regards,
enifer She
Executive Director
Lemon Sponge Cake Contemporary Ballet
2590 Walnut Street, Boulder, CO 80302
303.545.2298. www.lemonspongecake.com
il[Boulder Philharmonic Orchestra
Dairy Center for the Arts 2590 Walnut St. Suite 6 Boulder, CO 80302 (303) 449-1343 www.boulderphil.org
March 8, 2004
Donna Gartenmann
Boulder Arts Commission
1000 Canyon Boulevard
Boulder, CO 80302
Dear Donna,
I am writing on behalf of the Boulder Philharmonic Orchestra to request two rent-free dates at the Universitv
of Colorado at Boulder's Macky Auditorium in 2004. My understanding is that the Commission is meeting on
March 17 - I hope our request can be considered at that meeting. The Philharmonic will perform at.vlacky the
following Friday and Saturday nights, March 19 and 20. If the Commission is unable to fund the Macky rental
so quickly, we are also performing on April 23 and 24. Our hope is that the Commission will be able to fund
one of these two concert pairs for our organization.
As you may know, we've presented exemplary orchestral music to the Boulder area since 1958 and remain the
only professional orchestra performing in Boulder during the school year. Since early 1998, the Philharmonic
has been a part of a larger arts conglomerate, Peak Association of the Arts. One-third of the way through this
current season, Peak Arts was dissolved. The Philharmonic is once again on its own, and is once again finding
its momentum. The Daily Camera proclaimed this to be "one of the best Phil seasons in several years," and
we heartily agree. Every one of our performances this ;year has received outstanding reviews, and we truly feel
the Philharmonic is beginning a period of revitalization.
This season, we've worked on increasing our outreach efforts to historically under-served populations in the
Boulder area. We've distributed free Philharmonic tickets to mental health organizations, homeless shelters,
organizations that serve at-risk youth, and economically disadvantaged communities and disabled communities
in Boulder. We've also provided free tickets to all members of the Boulder Youth Symphony Society and the
Longmont Youth Symphony. Next season, we will continue the programs put in place this year, but we will
also focus on increasing the numbers of children and families served.
Everyone here at the Philharmonic is grateful for the support the Boulder Arts Commission provides to
cultural groups in Boulder. Thank you for your commitment to supporting artistic resources in our
community. The Philharmonic is an excellent organization that has provided quality orchestra] experiences to
an average of 20,000 Boulder-area residents per year over the last five years. We are at a critical juncture at
this time, and need strong community support now to build the Philharmonic into the organization we know
we can become.
Thank you for your consideration, and please let me know if I can provide you with any additional materials or
information.
Sincerely,
Anne Watson
Director of Development
COLON0,00 17hfffLfIrfJ;r
P. 0. Box 1314 Boulder, CO 80306-1314 Telephone 3031447-0513; FAX 447-0514
e-mail: StanRutt@AOL.corn; Web Page: www.mahlerfest.org
Robert Olson, Artistic Director, Stan Ruttenberg, President
13 February 2003
Donna Gartenmann
Boulder Arts Commission Liaison
100 Canyon Blvd
Boulder CO 800302
Dear Donna,
Once again we thank most deeply and humbly, in the face of Boulder's current financial
situation, the BAC for honoring us with a grant of $2,000.
And, if I may, I repeat our gratitude to the Library and staff for such a magnificent art show for
Visualizing Mahler 2004. 1 have heard nothing but praise for the show and the collaboration of
the Library.
1 will be in a position, probably by May, to provide the financial information requested for the final
report, but let me say that MahlerFest XVII again was an artistic and public success, which we
hope will be matched by a financial report that at this time looks good, but then again, not all
costs have been invoiced.
Sincerely, _
Stan Ruttenberg, President
i;
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An explicit debate
In museum halls, theater stages and the state legislature,
obscenity is on the docket`
by Vince Darcangelo>
ave you ever noticed a provocative tive, he authored a bill designed to r, further revisions.
protect children [,'om exposure to + So, what's so controversial
magazine cover while waiting in sexually explicit material, I louse BiH about a bill designed to pro-
1078. Last month he ran it past the tect children?
the checkout line of a grocery state House of Representatives, where; The answer resides in
it was passed on ]all.' 7.The bill is cur- that fuzzy space between
Hstore? Pei-used the buxom belles rently up for debate in the Senate. freedom and protection,
But something happened on the way l rights and responsibilities.
gracing the front of men's magazines while to the Colorado General Assembly. i A place otherwise known
Though HB 1078 seems rather innocuous as the battle line
buying CDs? And doesn't it seem that on the surface, opponents have questioned between liberals and
the bill's intent and attacked its vague ?l` conservatives. It's a
every media retailer and video rental store wording.The bill has drawn the ire of tale as timeless as
local arts organizations, which feel that yt the elephant and
has a healthy erotica section these days? the bill has been directed at them and the blind men. On
may criminalize the exhibition of some of the one hand, you
the world's most farnous works of art-as well have arts organiza-
Ted Harvey har noticed. He has a problem with as edgy contemporary productions. In fact, HB tions reading FIB 1078
this proliferation of sexually explicit material-and 1078 has caused such debate that it is currently re-
he's done something about it. As a state represents- engrossed in the Senate and may be undergoing sae IKBECEHT, Pago 15
INDECENT, from Pak- . .
as a legislative slide down the slippery It a class I Petty offense forr.1 says Rep. Harvey,~jf you were that would get us in trouble with this ,
slope to censorship. On the other you commercial establishnjeht•-.. to Ap^,(nd see, you name. new law," says Frealand,This includes
have faith-based organizations heralding to display materials tria ' t your play being done at merely advertising their current produc-
HB 1078 as a measure designed to pro- are "harmful" to the Denver tion,Flicking A."I think profanity is used
tect our children from harmful material. minors without think that- ? Performing Arts twice in the entire show.The title's a lit-
The only thing certain is that the issue taking "feasible just tjorit: * ~ rt' Center or up in tle misleading.The ironic thing is that
• 61omdo'r9'r3Uddelnly going
will not be easily resolved, and there's measures" to 71 I% Boulder... we could get hit just for displaying the
#o become ihi9 ree-speech dead
still time for the public to exercise the prevent vyhe there's no dis- poster, regardless of the content.
in --lives
greatest freedom of ail: getting on the minors from %zone
trio attorney "Of course we want to protect our
hone and letting our elected officials seeing it, and 1i is a rbsole utel not-Not going to he anymore. the
that's going to children from obscenity and extremely
p g g a.., - rise law,
p ust mrrloh-se
know our thoughts on the matter, what- the hilt make This is j
fo ' deem that pornography, images:, he continues.
ever they may be, it a class 2 3 ri rand it is,AallyJ6t'tb protect kids from those plays "[But] to legislate further morality
misdemeano'r' "f Stuff,;; thit`We pr6tty much all uni ver- are harmful to about scantily clad women or same-sex
Devil in the details to disseminate Ya~~r ageee:khat fsatarrttful" a minor and kissing, that's where I truly believe that
It's hard to find fault with a bill said material to r Dnnibl !eissr if -edia and seq li- meet all three this bill is headed"
designed to protect children. And the a minor or to f ~ty.,a-n st.af (•p as on the of those cate-
surface intent of HB 1078-to prohibit p,erAt a minor to ':'u„F~r►~li gories beyond a Slip sliding away
the exposure of minors to sexually view a performance reasonable doubt. "I hadn't felt paranoid or that we'
explicit material)-is something that of "harmful" material. Because any of those would be particularly targeted by it:'
even members of the arts community So what is harmful? ti~ 1 plays will be deemed to says Brandy Mathis, associate curator at
can support. HB 1078 sets three criteria, all have artistic value, they won't the Boulder Museum of Contemporary
"I can certainly agree that you do of which must be met for prosecution be deemed to be offensive to the aver- Art (BMoCA), of her reaction to HB
not want to have sexually explicit of to occur-The material must be "often- age adult." 1078 prior to learning of its contents.
violent material sitting at the eye level sive to prevailing standards in the adult Harvey says that strip clubs are the And after reading it?
of children. I think we can all agree on community concerning what is suitable true target of HB 1078 when it comes "Paranoid;' she says.
that;' says Karen Gerrity, executive for minors;' must have "a predominant to live performances. However, this safe- This sentiment is echoed by others
director of the Dairy Center for the tendency to appeal to the prurient guard isn't reassuring to members of in the arts community.
Arts In Boulder. Interest of minors" and must lack "serf- the theater community. "For me, the scariest verbiage out of
But the mentlon of visual and per- ous literary, artistic, political, or scientif- Brian Freeland is the artistic direc- the bill comes in the depiction;' says ,
forming arts In the language of the bill is value," for of the LIDA Project, an experimen- Freeland. "Depiction is a pretty broad
has raised concerns among arts organi- According to proponents, this third tat theater troupe in Denver.The LIDA term. In that respect, you can pretty
zatlons. Included In HB 1078's list of provision regarding "literary, artistic, Project is known for producing cutting- much open the floodgates for any sort
materials that may be harmful to minors political, or scientific value" is a safe- edge performances, often containing of morality judgment, in my mind, to be
are drawings, films, books, representa- guard that HB 1078 will not lead to nudity, sexual content and controversial made.You can look at very important
tions, plays, dance performances and censorship. subject matter. representations. Things In dance, even
"other live exhibition." HB 1078 makes "It has to lack any value essentially," "We've certainly done a lot of things
see INDECENT, Page le
(1/1) DEAP
Valentines' Day Weekend
For the
Love of
r DMEf , from Page 15
human touch and kissing, can in some any problems. it's important. that that a put back dren's programs and activities, Mathis
instances fall under these guidelines" "Several people waMd 'F on the,pS rents and the says BMoCA does their best to sepa-
The Dairy Center's Karen Gerrity out of the performance;' guardian." rate the perhaps inappropriate material
agrees. Says Mathis, "and that and minors.
"Sometimes art depicts violence, was encouraging to ~'Qf Looking alter "We're not a children's museum, at
sometimes it's more sexual in nature, me that people course'y(e want,to your own all, and the children's activities that
and sometimes it's political;' she says. actually exer- protect our children from One of the BMoCA sponsors... take place on the
"But you wouldn't want to censor an cised their most interest- front steps so as to circumvent this as
artist and their creation, so i guess right to just obscenity and extremely ing dynamics an issue," she says. "That said, many par-
that's my concern." not watch pornographic images... [But] to in the strug- ents'and teachers want to begin expos-
And many would argue that art, by something legislate further morality about gle between ing their kids to contemporary art at an
its very nature as a catalyst for thought that they're t ' scantily clad womdni or'same-sdx freedom and early age, and they trust us to facilitate
and discussion, is intended to be troubled by kissiitg, that's protection is that experience"
~ where 1 truly believe provocative.While its primary goal is or find often- i:hatthis bill is headed:' the notion of Even the LIDA Project, which stages
not to shock and offend, sometimes sive or harmful f . , ,i t - personal rights perhaps the area's most controversial
that effect comes with the territory. or of no artistic J ;,,Kan F~eelnnd, artistic' versus comrnu- Performances, takes audience aPProPri-
;r . ,
"I feel like, for us at the museum,vk merit" : ' lfi ~ttor oaf LIDA nky responsibili- ateness into account. During last fall's
one of our desired outcomes for a Adds Gerrity: "I
!Project ties. It is both abat- performance of The Balcony, the organl-
museum visit would-be that the visitor just feel like there is tleground and com- zation limited admission to adults 18
would discov4tr ideas and form opin- a place for performance ~V f + mon ground for both years of age or older. In other'instances,
ions;' says Mathis."And I really believe art that is adult in nature. sides of the issue, they've informed parents ahead of time
In the museum's or the art center's You have that choice.You don't have "For arts organizations, I think that if they were bringing a child to an adult-
potential as a site for this type of public to go to the art opening.You don't there's a sense of public responsibility oriented performance. They've used
discourse. Hopefully it would provoke have to go to that performance. And I that there's actually consideration these interactions as a learning oppor-
some sort of contemplation over why think it's OK to have performances behind preparing our audience for the tunity.
an image is shocking or potentially that are rated, just like you would unfamiliar," says Mathis. "It is our "That's what healthy art does, it
harmful to minors rather than a call to with a movie. I think that's fine, But to responsibility to educate our audience fosters discussion;' says Freeland."I
the police'" not allow artists to produce their- art, about what we're showing them... We get the feeling that if we continue to
And if someone is offended, Mathis to censor it, I just don't agree with do take some time to prepare a con- shield children from healthy examples
reminds that the exit door is always that." text for which an audience might of sexuality end healthy representa-
open. Many in the arts community fear- intelligently view what we're present- tions of the human body, just for the
A case in point is 8MOCA's exhibi- that censorship is exactly where this ing to them." sake of getting rid of some of the
tion of the work of controversial artist legislation is headed. As a museum of contemporary art, more offensive examples, we're only
Karen Finley last fall. Finley has a reputa- "Where does it end?" says Gerrity. BMoCA often features boundary-push- taking a step backward... These kinds
tion for daring art, and Mathis refers to "Instead of putting the onus on the gov- ing work that Mathis admits may not be of discussions need to be happening
her as a "marked target" for controver- ernment to make sure that children are appropriate for children.And as a
sy. But the Finley show went on without not exposed to this sort of thing, I think downtown art center that features chit- see INDECENT, Page 19 (((the popular weekly
national radio broadcast))
with htlsts
iM=301111T, Irvin o 1B
between parents and children, not the seven states that doesn't have a law on really just to protect kids from stuff... of being arrested. If that's what it takes
police and artistic entities:' the books prohibiting the sale of that we pretty much all universally to show how ridiculous this has gotten,
Jim Chapman, executive director of pornography to minors. agree that is harmful" so be It. Hopefully It won't come to
the Rocky Mountain Family Council, "These kinds of laws are In place in Chapman agrees that HB 1078 will that," he says."I think it's a lot more
agrees that responsibility lies ultimately 43 other states In the country, so I help protect kids and won't pose a important for every single artist to be
on parents and guardian►s, But he also think it's kind of unfounded for anybody threat to the arts community. more vlgllanc not to shirk away from
feels that more should be done to pro- to think that this bill would have any "The intent here is to get after the . potentially, all-the-sudden criminal con-
tect children from sexually explicit impact on the performing arts hardcore pornography that can get tent."
material displayed in unsuspecting community;' says Harvey. efi , 3 into the hands of children and What can members of the commu-
places. "There's no evidence of ~t• tJ-?~ f•IC . minors, and that's what nity do about HB 10781 For starters
('~>7rnembrs o the
"I'm a father of three kids, and I that anywhere in the Satetcxnmiltee`debatz"';."'. we're after here;, he says. you can read the bill for yourself. To
understand that it ism role, first and county with respect to w ~~';~In kB?IO)g•are 0. u
However, he does access HB 1078, go to the Colorado
y y n•Gill•,
foremost, to parent my children. I these kind of bills:' tambom ftair marfa j , casponso,°303.566.4835; Ron :'s': admit that the potential General Assembly
homepage at
understand, too, that it is first and fore- Daniel Weiss, media May (R), vice-chairman, 303.866 ;'a for abuse lies in every www.leg.state,co.us, click "Current
most my responsibility to watch what and sexuality analyst at ht 2737, John Andrews (4)"303-866' piece of legislation. Year," enter "HB04-1078" and click
the see and read and so forth;' says Focus on the Family. 3342; Bruce Cairns 303 8664
Y .3432; Deanna Hanna na (U), 303- "I suppose that any "Go directly to bill number" where
Chapman. "But at the same time, too, si►ys that HB 1078 is 866-4857; Maryanne "Moe" law that's passed, on any you can download.the legislation.
I'm also part of a larger communitY••• similar in wording to Alice N N Keller (ich30ol l(1)) (D), , 30033- • issue, can always be used Read it, then contact the members
of
While I certainly admit that it Is my role other legislation that has 866-4863. in different ways:' says the senate committee debating the
to parent my children, I also want there been upheld by the U.S. Chapman, bill, engage them, and give them your
to be a common sense of decency, a Supreme Court and sees no opinion.
common thread of decency, and a corn- potential for this to lead to restrictions Preparing for battle For supporters of the bill, the legis-
mon standard of morality in the com- on the performing arts. If passed, I-IB 1078 will tike effect lation is a practical matter.
munity" "Honestly. I think sorne people, in or► July I.With summer exhibits and "I think this Is a common-sense
good conscience, can have reservations performances already planned, will local thing;' says Chapman"This is, in our
What about the kids? about that," says Weiss. "I also think a lot arts organizations make changes to pro- view, a common sense piece of legisla-
Proponents of HB 1078 argue that of people just don't like the restrictions sect themselves, either in content or tion that most Colorado citizens would
the bill effectively balances an adult's on their face and vse-these kinds of presentation, if HB 1078 is signed into think would be appropriate to have."
right to view and purchase sexually arguments to promote dissension about law? And for opponents of die bill, it's a
explicit material, while protecting these kinds of bills.The truth is, legally, Some arts organizations say no, and inatter of the direction this legislation
minors from exposure to adult material. the language is solid. It's extremely tight. Brian Freeland says it's important that may be headed.
They say that not only are the arts "I just don't think that Colorado is artists take a firm stand if HB 1078 "Pretty soon, what are we going to
organizations' fears unfounded, but that suddenly going to become this free- passes. dot" says Karen Gerrity"We've got all
the protections offered by HB 1078 are speech dead zone where nothing lives "if this law passes and all the sudden these wonderful Renaissance works of
long overdue. anymore;' he continues."That's the work that we do is criminalized, art that show nudity.What are we going
According to Harvey and the bill's absolutely not going to be the case.This then I guess we have to fight that battle to do, drape the Sistine Chapel?" (V
supporters, Colorado is one of only is just a common-sense law, and it is out in court and take the imminent risk Respond. letters@bouldenveekfy.com
Ntl -week JaZZWOrkS
at a
HB 1078 -Concerning Regulation of Sexually Explicit
Representations that are Harmful to Minors
Passed House 01/27/04
Sponsor: Rep. Ted Harvey, R-Littleton
This bill would prohibit minors from accessing and purchasing
pornography at bookstores and other retail outlets. It would still permit
adult access. First introduced in 1997 by Rep. Barry Arrington, this bill has
been updated to include specific retail measures to protect children. These
measures include putting pornographic material behind a counter, placing
an opaque cover over the material and moving such material away from a
display window. The bill also defines pornography and introduces a
"harmful to minor" standard.
This is a common sense bill designed to reduce access to pornography by
minors which RMFC supports. Pornography continues to be a huge
problem in our culture. It is particularly damaging to men and its
purveyance erodes marriages and families.
• Text of HB1078
• Bill History
Axts for Colorado - Metro Arts Caolition Page 1 of 3
Metro Arts Coalit[on eEUME
Arts Advoca
About Arts for
MAC I Metro Arts Coalition
Accompl
MAC Web site
Statewide &
CALL TO ACTION - NO on HB04-1078 Inf
19. February 2004 Metro Arts C
Currently the proposed legislation HB04-1078 better known as "Protecting Kids from
Sexually Explicit Materials" bill has yet to be assigned a date for committee hearing. The
bill has been assigned to the State Veterans and Military Affairs Committee in which the Candidate List
bills co-sponsor, Doug Lamborn is committee chair. Ne
WHAT DOES THIS MEAN FOR ARTISTS Communit
While the bill underwent several amendments in the House, it will still make it a crime for Importa
any "play, dance or exhibition displaying pictures, drawings, video recordings, films,
books magazines" to "DEPICT nudity or sexual activity" to a "person who is younger that Arts for Colox
eighteen years of age".
While the bill may be well intentioned, the ramifications and provisions placed on artists
and arts organizations would be a direct attack on freedom of speech. Currently, the
State of Colorado and its municipalities have laws that protect minors from the sale of
obscene materials that fall within community, state and national standards. What is
alarming about this legislation is that the work does not need to fall within those
obscenity guidelines but merely DEPICT sexual activity or nudity for it to be a crime.
With this proposed legislation, theatres, galleries, artists and organizations could be
criminalized for the presentation of both AGE APPROPRIATE representations of sexuality
or even PERCEIVED representations. This would put us in a world where even the elegant
shapes of two entwined dancers could be a crime. This would force the veiling of
masterworks and antiquities from museums and galleries and force any healthy dialogue
of sexuality into back rooms with locked doors. It is strongly believed that the standards
for the viewing and interpretation by minors of non-obscene artistic works fails into the
standards of the community forged by artists, parents and children not a legislated
morality.
WHAT CAN YOU DO
This bill has already passed the House and is expected to be read in Senate committee in
the coming weeks. The Metro Arts Coalition is urgently calling all artists, arts supporters
and concerned citizens to
Contact their State Senators (y ww.v_ote-smart.orq). Strongly suggest they reject
the passage of this bill as an overboard and unconstitutional bill.
http://www.artsi'orcolorado.org/metroArtsCoalltion.asp 3/3/2004
Arts for Colorado - Metro Arts Caolition Page 2 of 3
• Follow the progress of the bill and consider testifying against the bill upon its
reading in committee. You can track the bill on the Colorado General ASsemblv`s
web site.
• Contact the State Veterans & Military Affairs Committee members whom this bill
has been assigned for debate:
Doug Lamborn (R), Chairman & bill co-sponsor
District 9 - El Paso
303.866.4835 -
doug.lamborn. senate(&stateco.us
Ron May (R), Vice-Chairman
District 10 - El Paso
303.866.2737
ronmayPronmay.org
John Andrews (R)
District 27, Arapahoe
303.866.3342
john.andrews.senate_@atatec-o.us
Bruce Cairns (R)
District 27, Arapahoe / Denver
303.866.3432
bruce.cairns.senatePstateco,us
Deanna Hanna (D)
District 21, Jefferson
303.866.4857
deanna.hanna.senate@stateco.us
Maryanne "Moe" Keller (D)
District 20 - Jefferson
303.866.4856
moe_keller.senate@_state.co.us
Alice Nichol (D)
District 24 - Adams
303.866.4863
alice. nichol.senateCa stateo_o_us
• Continue to get the word out. Pass this e-mail on. Take the time to explain to
your neighbors, patrons, family and others why this over broad bill is not good for
Colorado.
MAC will be making updates and further possible calls to action as this legislation
develops. With this we would appreciate any feedback that you may receive from your
legislatures.
Arts for Colg~r coo Home 1 200 Grant Street 8-5 l Denver, CO 80203 1 303-282-5633 1 inf~6artsforcolorado.org
http://www.artsforcolorado.org/metroArtsCoalition.asp 3/3/2004
Second Regular Session
Sixty-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 04-0652.01 Michael Dohr HOUSE BILL 04-1078
HOUSE SPONSORSHIP
Harvey, Lundberg, and Rhodes
SENATE SPONSORSHIP
(None)
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
101 CONCERNING REGULATION OF SEXUALLY EXPLICIT REPRESENTATIONS
102 THAT ARE HARMFUL TO MINORS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
a
Recognizes the state's interest in protecting children from access
to certain sexually explicit materials and specifies that the general
assembly's intent is to prohibit access to these materials by children
without unconstitutionally inhibiting access by adults. Specifically
allows municipalities to adopt ordinances concerning materials or
performances that are harmful to minors.
Specifies criteria for determining whether material or a
performance is harmful to minors.
Shading denotes HOUSE amendment. I)OLINC Arderhnin, denotes SENATE .amendment.
Capital letters indicate new material to be added fo clristing sultute.
Dashes through the words indicate deletions from existing statute.
Makes it a class 1 petty offense for a person, in displaying in a
commercial establishment any materials that are harmful to minors, to fail
to take commercially feasible measures to prevent the display of the
materials to minors. Specifies examples of what may constitute
commercially feasible measures. Makes it a class 2 misdemeanor to
disseminate to a minor any material that is harmful to minors or to allow
a minor to view any performance that is harmful to minors. Specifies
affirmative defenses.
Specifies the severability of provisions in the act.
I Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 5 of article 7 of title 18, Colorado Revised
3 Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS,
4 to read:
5 PART 5
6 SEXUALLY EXPLICIT REPRESENTATIONS
7 HARMFUL TO CHILDREN
8 18-7-501. Legislative declaration. (1) THE GENERAL ASSEMBLY
9 FINDS THAT BOTH THE UNITED STATES AND COLORADO SUPREME COURTS
10 HAVE HELD THAT A STATE'S INTEREST IN PROTECTING THE WELL-BEING OF
11 CHILDREN PERMITS THE STATE GREATER LATITUDE IN ADOPTING
12 RESTRICTIONS THAT LIMIT CHILDREN'S ACCESS TO SEXUALLY EXPLICIT
13 MATERIALS THAN IN LIMITING ADULT ACCESS TO SUCH MATERIALS.
14 THEREFORE, THE PURPOSE OF THIS PART 5 IS TO ENACT REASONABLE TIME,
15 PLACE, AND MANNER RESTRICTIONS TO FURTHER THIS COMPELLING
16 GOVERNMENTAL INTEREST. THE DISSEMINATION REGULATIONS OF THIS
17 PART 5 ARE DESIGNED TO PREVENT THE SALE TO MINORS OF MATERIALS
18 DEEMED LEGALLY OBSCENE AS TO MINORS, BUT NOT AS TO ADULTS.
19 SIMILARLY, THE PERFORMANCE PROVISIONS OF THIS PART 5 ARE DESIGNED
20 TO PREVENT MINORS FROM BEING EXPOSED TO SEXUALLY EXPLICIT
-2- HB04-1078
I PERFORMANCES THAT ARE NOT APPROPRIATE FOR MINORS. THE PURPOSE
2 OF THE DISPLAY REGULATIONS OF THIS PART 5 IS TO ESTABLISH A
3 NARROWLY DRAWN PROVISION PREVENTING THE DISPLAY OF MATERIAL TO
4 MINORS THAT IS HARMFUL TO MINORS, WHICH PROVISION HAS ONLY AN
5 INCIDENTAL EFFECT ON THE RIGHT OF ADULTS TO SELL ADULT MATERIALS
6 AND ON AN ADULT'S ABILITY TO PURCHASE THEM.
7 (2) IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY IN THE
8 ADOPTION OF THIS PART 5 TO PREEMPT THE POWER OF MUNICIPALITIES TO
9 ADOPT ORDINANCES CONCERNING MATERIALS OR PERFORMANCES THAT
10 ARE HARMFUL TO MINORS.
11 18-7-502. Definitions. AS USED IN THIS PART 5, UNLESS THE
12 CONTEXT OTHERWISE REQUIRES:
13 (1) "MATERIAL" MEANS APICTURE, DRAWING, VIDEO RECORDING,
14 FILM, BOOK, MAGAZINE, OR OTHER WRITTEN OR ELECTRONIC DEPICTION,
15 DESCRIPTION, OR REPRESENTATION. -
16 (2) "MINOR" MEANS A PERSON WHO IS YOUNGER THAN EIGHTEEN
17 YEARS OF AGE AND WHO IS NOT MARRIED OR JUDICIALLY EMANCIPATED.
18 (3) "NUDITY" MEANS THE SHOWING OF:
19 (a) UNCOVERED, OR LESS THAN OPAQUELY COVERED, HUMAN
20 GENITALS, PUBIC AREA, OR BUTTOCKS OR THE NIPPLE OR ANY PORTION OF
21 THE AREOLA OF THE HUMAN FEMALE BREAST; OR
22 (b) COVERED HUMAN MALE GENITALS IN A DISCERNIBLY TURGID
23 STATE.
24 (4) "PERFORMANCE" MEANS A PLAY, DANCE, OR OTHER LIVE
25 EXHIBITION.
26 (5) "SEXUAL ACTIVITY" MEANS ANY OF THE FOLLOWING ACTS:
27 (a) MASTURBATION, WHETHER PERFORMED ALONE OR WITH
-3- HB04-1078
1 ANOTHER HUMAN OR AN ANIMAL;
2 (b) VAGINAL, ANAL, OR ORAL INTERCOURSE, WHETHER
3 PERFORMED WITH ANOTHER HUMAN OR WITH AN ANIMAL;
4 (C) TOUCHING, IN AN ACT OF APPARENT SEXUAL STIMULATION OR
5 SEXUAL ABUSE, OF THE CLOTHED OR UNCLOTHED GENITALS, PUBIC AREA,
6 OR BUTTOCKS OF ANOTHER PERSON OR THE CLOTHED OR UNCLOTHED
7 BREASTS OF A HUMAN FEMALE;
8 (d) TORTURE, PHYSICAL RESTRAINT BY BEING FETTERED OR
9 BOUND, OR FLAGELLATION THAT IS INTENDED TO DEPICT SEXUAL
10 STIMULATION OR SEXUAL ABUSE;
11 (e) EXCRETORY FUNCTIONS THAT ARE INTENDED AS AN ACT OF
12 APPARENT SEXUAL STIMULATION OR SEXUAL ABUSE; OR
13 (0 THE INSERTION OF ANY PART OF A PERSON'S BODY OR OF ANY
14 OBJECT INTO ANOTHER PERSON'S ANUS OR VAGINA, EXCEPT WHEN DONE
15 AS PART OF A GENERALLY RECOGNIZED MEDICAL PROCEDURE.
16 18-7-503. Harmful to minors - standard. (1) A MATERIAL OR
17 PERFORMANCE IS DEEMED HARMFUL TO MINORS IF THE MATERIAL OR
18 PERFORMANCE DEPICTS NUDITY OR SEXUAL ACTIVITY AND IF THE
19 MATERIAL OR PERFORMANCE, WHEN TAKEN AS A WHOLE, MEETS THE
20 FOLLOWING CRITERIA:
21 (a) AN AVERAGE ADULT PERSON APPLYING CONTEMPORARY
22 COMMUNITY STANDARDS TO THE MATERIAL OR PERFORMANCE WOULD
23 FIND THAT THE MATERIAL OR PERFORMANCE HAS A PREDOMINANT
24 TENDENCY TO APPEAL TO THE PRURIENT INTEREST OF MINORS; AND
25 (b) AN AVERAGE ADULT PERSON APPLYING CONTEMPORARY
26 COMMUNITY STANDARDS WOULD FIND THAT THE DEPICTION OF NUDITY OR
27 SEXUAL ACTIVITY IN THE MATERIAL OR PERFORMANCE IS PATENTLY
-4- HB04-1078
I OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY
2 CONCERNING WHAT IS SUITABLE FOR MINORS; AND
3 (C) A REASONABLE ADULT PERSON WOULD FIND THAT THE
4 MATERIAL OR PERFORMANCE LACKS SERIOUS LITERARY, ARTISTIC,
5 POLITICAL, OR SCIENTIFIC VALUE FOR MINORS.
6 18-7-504. Displaying material harmful to minors - penalty.
7 (1) A PERSON COMMITS THE OFFENSE OF DISPLAYING MATERIAL THAT IS
8 HARMFUL TO MINORS IF, HAVING CUSTODY, CONTROL, OR SUPERVISION OF
9 A COMMERCIAL ESTABLISHMENT AND KNOWING THE CHARACTER OR
10 CONTENT OF THE MATERIAL, THE PERSON FAILS TO TAKE COMMERCIALLY
11 FEASIBLE MEASURES TO PREVENT THE DISPLAY OF MATERIAL THAT IS
12 HARMFUL TO MINORS IN THOSE AREAS WHERE THE MATERIAL MAYBE OPEN
13 TO VIEW BY MINORS AS PART OF THE INVITED GENERAL PUBLIC.
14 (2) FORPURPOSES OF THIS SECTION, EXAMPLES OF COMMERCIALLY
15 FEASIBLE MEASURES TO PREVENT THE DISPLAY OF MATERIAL THAT IS
16 HARMFUL TO MINORS MAY INCLUDE BUT ARE NOT LIMITED TO:
17 (a) PLACING MATERIAL THAT IS HARMFUL TO MINORS BEHIND A
18 SALES COUNTER WHERE IT WILL NOT BE READILY ACCESSIBLE BY MINORS;
19 (b) PLACING AN OPAQUE COVER OVER ANY MATERIAL THAT IS
20 HARMFUL TO MINORS THAT INCLUDES A SEXUALLY EXPLICIT DEPICTION ON
21 THE COVER; AND
22 (C) MOVING MATERIAL THAT IS HARMFUL TO MINORS AWAY FROM
23 DISPLAY WINDOWS WHERE IT WOULD OTHERWISE BE SEEN BY MINORS.
24 (3) DISPLAYING MATERIAL THAT IS HARMFUL TO MINORS IS A
25 CLASS 1 PETTY OFFENSE, AND, UPON CONVICTION, IS PUNISHABLE AS
26 PROVIDED IN SECTION 18-1.3-503. EACH DAY THAT A PERSON COMMITS
27 THE OFFENSE OF DISPLAYING MATERIAL THAT IS HARMFUL TO MINORS
-5- HB04-1078
I CONSTITUTES A SEPARATE OFFENSE.
2 (4) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION
3 THEREOF TO A PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH
4 INVALIDITY SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS PART
5 5 WHICH MAY BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
6 APPLICATION, AND, TO THIS END, THE PROVISIONS OF THIS SECTION ARE
7 DECLARED TO BE SEVERABLE FROM THE REMAINING PROVISIONS OF THIS
8 PART 5.
9 18-7-505. Disseminating material or exhibiting a performance
10 that is harmful to minors - penalty. (1) A PERSON COMMITS THE
1 1 OFFENSE OF DISSEMINATING MATERIAL THAT IS HARMFUL TO MINORS IF,
12 WITH OR WITHOUT CONSIDERATION AND KNOWING THE CHARACTER OR
13 CONTENT OF THE MATERIAL, THE PERSON:
14 (a) SELLS, FURNISHES, PRESENTS, OR DISTRIBUTES TO A MINOR ANY
15 MATERIAL THAT IS HARMFUL TO MINORS; OR -
16 (b) ALLOWS A MINOR TO REVIEW OR PERUSE ANY MATERIAL THAT
17 IS HARMFUL TO MINORS.
18 (2) A PERSON COMMITS THE OFFENSE OF EXHIBITING A
19 PERFORMANCE THAT IS HARMFUL TO MINORS IF, WITH OR WITHOUT
20 CONSIDERATION AND KNOWING THE CHARACTER OR CONTENT OF THE
21 PERFORMANCE, THE PERSON ALLOWS A MINOR TO VIEW A LIVE
22 PERFORMANCE THAT IS HARMFUL TO MINORS.
23 (3) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF
24 SUBSECTION (4) OF THIS SECTION, A MISTAKE AS TO A MINOR'S AGE IS NOT
25 A DEFENSE TO PROSECUTION UNDER THIS SECTION.
26 (4) IT IS AN AFFIRMATIVE DEFENSE TO PROSECUTION UNDER THIS
27 SECTION THAT:
-6- HB04-1078
1 (a) THE DEFENDANT IS A PARENT OR LEGAL GUARDIAN OF THE
2 MINOR;
3 (b) BEFORE DISSEMINATING OR EXHIBITING ANY MATERIAL OR
4 PERFORMANCE THAT IS HARMFUL TO MINORS, THE DEFENDANT REQUESTED
5 AND RECEIVED A DRIVER'S LICENSE, STUDENT IDENTIFICATION CARD, OR
6 OTHER DOCUMENT INDICATING THAT THE MINOR TO WHOM THE MATERIAL
7 OR PERFORMANCE WAS DISSEMINATED OR EXHIBITED WAS AT LEAST
8 EIGHTEEN YEARS OF AGE AND THE DEFENDANT REASONABLY BELIEVED THE
9 MINOR WAS AT LEAST EIGHTEEN YEARS OF AGE; OR
10 (C) THE DISSEMINATION OR EXHIBITION WAS MADE WITH THE PRIOR
11 CONSENT OF A PARENT OR GUARDIAN OF THE MINOR.
12 (5) DISSEMINATING MATERIAL THAT IS HARMFUL TO MINORS OR
13 EXHIBITING A PERFORMANCE THAT IS HARMFUL TO MINORS IS A CLASS 2
14 MISDEMEANOR. EACH INDIVIDUAL DISSEMINATION OF MATERIAL THAT IS
15 HARMFUL TO MINORS AND EACH EXHIBITION OF A PERFORMANCE THAT IS
16 HARMFUL TO MINORS IS A SEPARATE OFFENSE.
17 15-7-506. Severability. IF ANY PROVISION OF THIS PART 5 OR THE
18 APPLICATION THEREOF TO A PERSON OR CIRCUMSTANCE IS HELD INVALID,
19 SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OF THIS PART 5
20 WHICH MAY BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
21 APPLICATION, AND, TO THIS END, THE PROVISIONS OF THIS PART 5 ARE
22 DECLARED TO BE SEVERABLE.
23 SECTION 2. Effective date - applicability. This act shall take
24 effect July 1, 2004, and shall apply to offenses committed on or after said
25 date.
26 SECTION 3. Safety clause. The general assembly hereby finds,
-7- HB04-1078
1 determines, and declares that this act is necessary for the immediate
2 preservation of the public peace, health, and safety.
-8- HB04-1078