Senate Upholds Porn Bill Veto Demos May Reintroduce Less-Stringent Legislation

The sharply divided state Senate on Friday upheld Gov. Mike Lowry’s veto of a “Harmful to Minors” anti-pornography bill. Democratic leaders said they will try to pass another bill Lowry can sign.

The vote to override the veto of SB5466 was a majority, 25-19, but fell seven votes short of the necessary two-thirds of those present. The more conservative House had badly wanted a chance to override, but the Senate vote sustained the governor and no House vote will be taken.

Nearly all Republicans voted for the override and were joined by six Democrats, including the prime sponsor, Sen. Adam Smith of Kent. Opponents included civil libertarians and Democrats who want a bill, but didn’t want to hand their governor an embarrassing override.

Senate Majority Leader Marcus Gaspard, D-Puyallup, said Democrats will seek a vote Monday on the original Senate bill, in the hopes that Lowry will sign it. The main difference is that SB6079 will not include sound recordings, a section added in the House and that has generated heavy opposition from some of the heavy hitters in Seattle’s music scene.

Lowry spokesman Jordan Dey said the governor was pleased that the veto was sustained.

“It shows the Senate has the same concerns the governor did - that this bill could be perceived as censorship,” he said.

Asked if the governor could sign the original bill, he said, “We’ll take a close look at that.”

The measure would have allowed a prosecutor to charge a person with a gross misdemeanor - punishable by up to a year in jail and a $5,000 fine - for displaying or providing material that was deemed to appeal to the prurient interest of minors, that is sexually explicit, and that lacks serious literary, artistic, political or scientific value for minors.

The standard for determining harmful material would be material that “an average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors.”

The material could include movies, books, magazines, musical recordings, sexual devices and live performances.

“This bill would have a major stifling effect” on a range of interests, from theater and literature to on-line computer services and AIDS education programs, Lowry told a news conference a week ago.

He was lobbied to veto the bill by groups from the American Civil Liberties Union and the Spokane Civic Theater to rock musicians Krist Novoselic of Nirvana and Roderick Romero of Sky Cries Mary.

The bill was intended to make it easier for prosecutors to file charges against people who display, give or sell sexually explicit material to people younger than 18. But critics contended it was so broadly written that it would amount to censorship of art, music and educational materials.

During Senate debate Friday, Smith said 26 other states have a “Harmful to Minors” law and that courts have consistently upheld them.

“I cannot understand the concerns the governor has,” said Minority Leader Dan McDonald, R-Bellevue. “The damage done to children far outweighs the concerns the governor has, and I don’t think those arguments hold water when you look at it closely.”

Opponents said the measure crosses over into censorship.

Sen. Dwight Pelz, D-Seattle, recalled television appearances by Elvis Presley where even photographing his swinging pelvis was considered damaging to young people’s minds. He sarcastically referred to the House sponsor, conservative Republican Lois McMahan, as “the Tipper Gore of Gig Harbor” for her crusade against smutty lyrics.

Sen. Brad Owen, D-Shelton, a rock singer and musician who performs at anti-drug assemblies for schools, said every generation has had music that shocked the older generation - “and somehow we turned out all right.”The bill is “totally unenforceable and totally subjective,” he said.