This just in...
Judge throws out new Ind. law on explicit material
07/01/2008
By KEN KUSMER / Associated Press
A federal judge threw out a new Indiana law requiring bookstores and other retailers to register with the state and pay a $250 fee if they want to sell sexually explicit material.
U.S. District Judge Sarah Evans Barker, ruling Tuesday on the day the law took effect, found it too broad and said it could be applied against "unquestionably lawful, nonobscene, nonpornographic materials being sold to adults."
"A romance novel sold at a drugstore, a magazine offering sex advice in a grocery store checkout line, an R-rated DVD sold by a video rental shop, a collection of old Playboy magazines sold by a widow at a garage sale ... would appear to necessitate registration under the statute," Barker wrote.
The American Civil Liberties Union took on the case for a team of plaintiffs that included the Indianapolis Museum of Art, bookstores and publishers.
"It's a victory for booksellers and the arts community but most importantly for the First Amendment," said Maxwell Anderson, the art museum's CEO. "I'm concerned as we all should be about restrictions on free expression."
Elizabeth Houghton Barden, owner of Big Hat Books, an independent, general interest store in Indianapolis, said she and her fellow plaintiffs did not want to see lingerie shops opening up next to candy stores, but that was a matter for zoning boards.
"Any time we engage in censorship, we've lost our right to free expression," she said.
Rep. Terry Goodin, D-Crothersville, said he wrote the law to stop companies from deceiving communities with weak zoning laws. He noted one company told the southern Indiana community of Dale it planned to operate a truck stop but instead opened an adult business.
The law required people who planned to sell sexually explicit materials to register with the Indiana secretary of state's office, pay the $250 fee and state the types of materials they intended to sell.
"I don't see this gray area that people are talking about," Goodin said. "To me, it's black and white. If you're selling pornography, you know it. If you're not, you don't have to register."
But Barker found the wording of the state law unconstitutionally vague.
"The statute provides no guidance whatsoever to merchants attempting to comply with the law, and surely creates the danger of self-censorship in an effort to avoid criminal penalties," the judge wrote.
Goodin said he would confer with the state attorney general before decided what to do next, but one option included taking the matter back to lawmakers in the 2009 legislative session.
"I've got pencil in hand," Goodin said. "I'm ready to go. I'm not going to let this sleeping dog lie."
ACLU attorney Ken Falk noted the plaintiffs included the volunteer-run Boxcar Books and Community Center in Bloomington, art galleries, and trade associations representing booksellers, publishers, libraries, video rental stores and music companies.
"They are all legitimate businesses that are far from being the "'dirty bookstore,'" Falk said.
___
Associated Press writer Deanna Martin in Indianapolis contributed to this report.
Tuesday, July 1, 2008
Friday, June 27, 2008
Balm for One of My Pet Peeves
(partial) Quote of the day:
…Ayn Rand, who is to traditionally female attributes like empathy and interpersonal relationships what Grover Norquist is to functioning government… Salon Magazine
Over the past 24 hours, I’ve been pretty busy. For that matter, over the past 24 months, but that’s neither here nor there.
Wednesday evening I was trolling one of the several Internet message boards I scan to keep up with news about books. I came across a posting by an author, Robert Thompson, who was seeking to promote his new book on leadership by offering to do Internet radio interviews. In his sign-off, he blithely told the board to “Order Your Copy Today at: Amazon.com or Barnes and Noble.com.”
I’m sympathetic to the difficulty authors face in getting exposure and sales for their books. In Mr. Thompson’s case, he had taken his professional skills as a trainer and translated that into a book. The book had been picked up by a major publisher of business books, but, as you will see in the correspondence I’m sharing below, he was surprised at how much of the burden of selling his book had fallen to him.
But this blissful ignorance, this example of taking the easiest way, sounded my gong. So I flamed him, albeit gently. Here’s what I said:
Hi, Robert.
I have a new BTR show that will be about half books and half local public affairs. I'm also an independent bookseller.
Should you realize that amazon.com and barnesandnoble.com arent' the be-all, end-all of bookselling, we'd be happy to schedule you on our show.
Every time an author solicits bookseller support and then says "check me out on amazon," another angel falls from heaven.
I thought that was gentle. I have the same reaction when I hear the word “Kentuckiana.”
We Indies, the independent booksellers of America, are an amazing resource for authors of “midlist” books like Mr. Thompson’s. At this moment, I can’t tell you if the Indies would or could make his book a bestseller. His publisher, Jossey-Bass (an imprint of John Wiley & Sons), hadn’t chosen to promote it by sending it out for evaluation and I’m perfectly willing to admit that I would never have heard of it, in all likelihood, or at least I wouldn’t have remembered hearing about it.
Here’s the book, in case you were wondering. If you click on the book jacket, you will be directed to our Web site, where you can purchase it. More about that later.
To his credit, Mr. Thompson (I’ll call him Robert from now on) responded with alacrity.
He wrote: Randy, so sorry for all of the fallen angels. :-)
As a first time author, I am learning I am somewhat clueless to the industry but trying to learn as quick as possible. Thanks for the new lesson…If you ever forgive me, I would be happy to be a guest on your show. If your store carries my book it could be a mutual benefit.
Again, sorry. No offense intended.
Cheers, Robert.
Thus began a rapid-fire exchange in which I tried to educate Robert to the realities of the 1,800 independent booksellers in America who could, unless supremely insulted by the author’s attempt to drive sales to monolithic, soulless, quarterly dividend-chasing online retailers, help to sell his book.
Indies contribute to their local communities at about 150% the rate of chains. As best as I can tell, nonlocal online retailers not only don’t contribute to your community, they, inexplicably, don’t even collect or pay sales taxes.
Over the course of the day, Robert instructed his technical people to insert a link deep on his Web site that would also direct those who are aware of the distinctions between Indies and the chains and online parasites to other choices, including our own www.destinationsbooksellers.com.
Oh, and by the way, Robert’s e-mail signature now reminds his correspondents that they can buy his book at their local independent bookseller. And I learned a bit more about how authors think during the exchange of e-mails, too.
What does this mean for you, the typical reader, a person who likely shops at Destinations Booksellers and gets it? Probably not much. But let me share with you some of the reasons it’s important to shop local first.
First of all (in my words), your shopping choices are your votes. When you shop at Destinations Booksellers, you’re telling us you want us to stay in business, that having a local independent bookseller is something valuable to you. If you were building a city from scratch, wouldn’t you choose to have a bookstore? If you were to, instead, buy your books from national chains or internet purveyors, wouldn’t that be your vote to replace your local bookstore with something else – either something you prefer or, God forbid, another empty building?
But take a look at these reasons (not my words, but ones I wholly endorse):
Thanks for shopping at
Destinations Booksellers
Here's what you just did!
1. You kept your dollars in our economy
For every $100 you spend at one of our local business, $68 will stay in our community. What happens when you spend that same $100 at a national chain? $43 stays in our community.
2. You embraced what makes us unique
You wouldn't want your house to look like everyone else's in the U.S. So why would you want your community to look that way?
3. You created local jobs
Local businesses are better at creating higher-paying jobs for our neighbors.
4. You helped the environment
Buying from a local business conserves energy in the form of less fuel for transportation, less packaging, and products that you know are safe and well made, because we stand behind them.
5. You nurtured community
We know you, and you know us. Studies have shown that local businesses donate to community causes at twice the rate of chains.
6. You conserved your tax dollars
Shopping in a local business district means less infrastructure, less maintenance, and more money available to beautify our community. Also, spending locally instead of online ensures that your sales taxes are reinvested where they belong - right here in your community!
7. You created more choice
We pick the books and gifts we sell based on what we know you like and want. Local businesses carry a wider array of unique products because we buy for our own individual market.
8. You took advantage of our expertise
You are our friends and neighbors and we have a vested interest in knowing how to serve you. We're passionate about what we do. Why not take advantage of that?
9. You invested in entrepreneurship
Creativity and entrepreneurship are what the American economy is founded upon. Nurturing local business ensures a strong community.
10. You made us a destination (Destinations?)
The more interesting and unique we are as a community, the more we will attract new neighbors, visitors, and guests. This benefits everyone.
Love your local
Community, Business, and Neighborhood Alliance
…Ayn Rand, who is to traditionally female attributes like empathy and interpersonal relationships what Grover Norquist is to functioning government… Salon Magazine
Over the past 24 hours, I’ve been pretty busy. For that matter, over the past 24 months, but that’s neither here nor there.
Wednesday evening I was trolling one of the several Internet message boards I scan to keep up with news about books. I came across a posting by an author, Robert Thompson, who was seeking to promote his new book on leadership by offering to do Internet radio interviews. In his sign-off, he blithely told the board to “Order Your Copy Today at: Amazon.com or Barnes and Noble.com.”
I’m sympathetic to the difficulty authors face in getting exposure and sales for their books. In Mr. Thompson’s case, he had taken his professional skills as a trainer and translated that into a book. The book had been picked up by a major publisher of business books, but, as you will see in the correspondence I’m sharing below, he was surprised at how much of the burden of selling his book had fallen to him.
But this blissful ignorance, this example of taking the easiest way, sounded my gong. So I flamed him, albeit gently. Here’s what I said:
Hi, Robert.
I have a new BTR show that will be about half books and half local public affairs. I'm also an independent bookseller.
Should you realize that amazon.com and barnesandnoble.com arent' the be-all, end-all of bookselling, we'd be happy to schedule you on our show.
Every time an author solicits bookseller support and then says "check me out on amazon," another angel falls from heaven.
I thought that was gentle. I have the same reaction when I hear the word “Kentuckiana.”
We Indies, the independent booksellers of America, are an amazing resource for authors of “midlist” books like Mr. Thompson’s. At this moment, I can’t tell you if the Indies would or could make his book a bestseller. His publisher, Jossey-Bass (an imprint of John Wiley & Sons), hadn’t chosen to promote it by sending it out for evaluation and I’m perfectly willing to admit that I would never have heard of it, in all likelihood, or at least I wouldn’t have remembered hearing about it.
Here’s the book, in case you were wondering. If you click on the book jacket, you will be directed to our Web site, where you can purchase it. More about that later.
To his credit, Mr. Thompson (I’ll call him Robert from now on) responded with alacrity.
He wrote: Randy, so sorry for all of the fallen angels. :-)
As a first time author, I am learning I am somewhat clueless to the industry but trying to learn as quick as possible. Thanks for the new lesson…If you ever forgive me, I would be happy to be a guest on your show. If your store carries my book it could be a mutual benefit.
Again, sorry. No offense intended.
Cheers, Robert.
Thus began a rapid-fire exchange in which I tried to educate Robert to the realities of the 1,800 independent booksellers in America who could, unless supremely insulted by the author’s attempt to drive sales to monolithic, soulless, quarterly dividend-chasing online retailers, help to sell his book.
Indies contribute to their local communities at about 150% the rate of chains. As best as I can tell, nonlocal online retailers not only don’t contribute to your community, they, inexplicably, don’t even collect or pay sales taxes.
Over the course of the day, Robert instructed his technical people to insert a link deep on his Web site that would also direct those who are aware of the distinctions between Indies and the chains and online parasites to other choices, including our own www.destinationsbooksellers.com.
Oh, and by the way, Robert’s e-mail signature now reminds his correspondents that they can buy his book at their local independent bookseller. And I learned a bit more about how authors think during the exchange of e-mails, too.
What does this mean for you, the typical reader, a person who likely shops at Destinations Booksellers and gets it? Probably not much. But let me share with you some of the reasons it’s important to shop local first.
First of all (in my words), your shopping choices are your votes. When you shop at Destinations Booksellers, you’re telling us you want us to stay in business, that having a local independent bookseller is something valuable to you. If you were building a city from scratch, wouldn’t you choose to have a bookstore? If you were to, instead, buy your books from national chains or internet purveyors, wouldn’t that be your vote to replace your local bookstore with something else – either something you prefer or, God forbid, another empty building?
But take a look at these reasons (not my words, but ones I wholly endorse):
Thanks for shopping at
Destinations Booksellers
Here's what you just did!
1. You kept your dollars in our economy
For every $100 you spend at one of our local business, $68 will stay in our community. What happens when you spend that same $100 at a national chain? $43 stays in our community.
2. You embraced what makes us unique
You wouldn't want your house to look like everyone else's in the U.S. So why would you want your community to look that way?
3. You created local jobs
Local businesses are better at creating higher-paying jobs for our neighbors.
4. You helped the environment
Buying from a local business conserves energy in the form of less fuel for transportation, less packaging, and products that you know are safe and well made, because we stand behind them.
5. You nurtured community
We know you, and you know us. Studies have shown that local businesses donate to community causes at twice the rate of chains.
6. You conserved your tax dollars
Shopping in a local business district means less infrastructure, less maintenance, and more money available to beautify our community. Also, spending locally instead of online ensures that your sales taxes are reinvested where they belong - right here in your community!
7. You created more choice
We pick the books and gifts we sell based on what we know you like and want. Local businesses carry a wider array of unique products because we buy for our own individual market.
8. You took advantage of our expertise
You are our friends and neighbors and we have a vested interest in knowing how to serve you. We're passionate about what we do. Why not take advantage of that?
9. You invested in entrepreneurship
Creativity and entrepreneurship are what the American economy is founded upon. Nurturing local business ensures a strong community.
10. You made us a destination (Destinations?)
The more interesting and unique we are as a community, the more we will attract new neighbors, visitors, and guests. This benefits everyone.
Love your local
Community, Business, and Neighborhood Alliance
Tuesday, June 24, 2008
More News on Enzo!
The Art of Racing in the Rain, by Garth Stein, has risen to the No. 3 spot on the latest Indie Bestseller list. Those of you paying close attention will have witnessed the correspondence between New Albany Books Daily and the author, including Garth's self-deprecating comment about his standing vis-a-vis "brand-name" authors.
Well, just for comparison, Salman Rushdie sits at No. 4. Stephenie Meyer is at No. 2. Pretty good company, if you ask me.
Plaudits to our staff and to you, our patrons, who have played a small part in elevating Enzo to such rarefied air near the summit of the coveted Indie Bestseller fiction list.
We're almost sold out again and trying to build our order for the coming season. It would be a big help to know how many of you intend to give the book as a gift this Christmas. Send us an e-mail at ops@destinationsbooksellers.com and let us know what you thought about the book. With your permission, we'll post some of the comments, with or without identifying you.
Word of mouth is more important to a book's success than bookseller recommendations, so tell your friends, too.
Well, just for comparison, Salman Rushdie sits at No. 4. Stephenie Meyer is at No. 2. Pretty good company, if you ask me.
Plaudits to our staff and to you, our patrons, who have played a small part in elevating Enzo to such rarefied air near the summit of the coveted Indie Bestseller fiction list.
We're almost sold out again and trying to build our order for the coming season. It would be a big help to know how many of you intend to give the book as a gift this Christmas. Send us an e-mail at ops@destinationsbooksellers.com and let us know what you thought about the book. With your permission, we'll post some of the comments, with or without identifying you.
Word of mouth is more important to a book's success than bookseller recommendations, so tell your friends, too.
Tuesday, June 17, 2008
Sharing a Little Inside Baseball
An intriguing set of survey results fell into my lap this week and I thought I'd share them with you.
The Zogby organization conducted this survey for their client, Random House.
11% of people enjoy reading books digitally.
13% of people under 30 are open to reading books digitally.
6% of people over 65 are open to reading books digitally.
43% of people go into a bookstore looking for a specific book.
77% of people make an additional purchase when looking for a specific book. (Really?)
52% of people are swayed to purchase by cover art.
49% of people are swayed to purchase by reviews.
60% of people are swayed by recommendations from friends or family.
35% of people are swayed to purchase a book because of a cover quote.
86% of people seek out books by authors they like. (That's why we all need to discover new authors!)
49% of people who shop at Indies also shop at chains and online. (Destinations Booksellers is online, too, if that's more convenient for you, and our Patron Passport Rewards apply there, too.)
9% of people usually shop at Indies. (By the way - those 9% who shop at Indies purchase from 16-18% of all books purchased. Thank you.)
Below, you'll find our SOA picks reviews in greater detail. At the radio station's Web site, you can find the list of all of the books recommended on Tuesday's broadcast.
Again, we hope you didn't embarrass you with our appearance on the radio.
The news report is courtesy of Publishers Weekly.
The Zogby organization conducted this survey for their client, Random House.
11% of people enjoy reading books digitally.
13% of people under 30 are open to reading books digitally.
6% of people over 65 are open to reading books digitally.
43% of people go into a bookstore looking for a specific book.
77% of people make an additional purchase when looking for a specific book. (Really?)
52% of people are swayed to purchase by cover art.
49% of people are swayed to purchase by reviews.
60% of people are swayed by recommendations from friends or family.
35% of people are swayed to purchase a book because of a cover quote.
86% of people seek out books by authors they like. (That's why we all need to discover new authors!)
49% of people who shop at Indies also shop at chains and online. (Destinations Booksellers is online, too, if that's more convenient for you, and our Patron Passport Rewards apply there, too.)
9% of people usually shop at Indies. (By the way - those 9% who shop at Indies purchase from 16-18% of all books purchased. Thank you.)
Below, you'll find our SOA picks reviews in greater detail. At the radio station's Web site, you can find the list of all of the books recommended on Tuesday's broadcast.
Again, we hope you didn't embarrass you with our appearance on the radio.
The news report is courtesy of Publishers Weekly.
A Good Day, All in All
Thanks to all the patrons who've commented favorably on our guest spot on WFPL's State of Affairs today. It was a real pleasure to share the microphones with such professionals and I have to say the callers were a "cut above" today, too.
If you missed the show or want to hear it again, or just don't want to navigate through www.wfpl.org, click here to hear the show.
If you missed the show or want to hear it again, or just don't want to navigate through www.wfpl.org, click here to hear the show.
Saturday, June 14, 2008
Listen to WFPL 89.3 on Tuesday!
I'll be appearing again on State of Affairs this Tuesday, June 17, to give my summer reading recommendations.
Thanks to producer Robin Fisher and show host Julie Kredens for inviting Destinations Booksellers to participate! The show runs from 11 a.m. to noon and is rebroadcast that evening at 9. You can also access the show by Web streaming and podcast at http://www.wfpl.org/.
Joining the discussion will be Robert Gieszl of Louisville's Free Public Library and Kelly Estep, one of the family of booksellers at Carmichaels bookstore, a fellow IndieBound independent bookseller.
Here's a preview of the books I'll be discussing.
Thanks to producer Robin Fisher and show host Julie Kredens for inviting Destinations Booksellers to participate! The show runs from 11 a.m. to noon and is rebroadcast that evening at 9. You can also access the show by Web streaming and podcast at http://www.wfpl.org/.
Joining the discussion will be Robert Gieszl of Louisville's Free Public Library and Kelly Estep, one of the family of booksellers at Carmichaels bookstore, a fellow IndieBound independent bookseller.
Here's a preview of the books I'll be discussing.
America America
America America: A Novel
By Ethan Canin
2008 Random House Inc.
Hardcover and unabridged audiobook, HC 9780679456803, $27
The time is the 70s. The place: upstate New York. Corey Sifter is the teenage son of working-class parents in the ultimate company town. Fortune comes calling when Corey’s work ethic catches the eye of the patriarch of the Metarey family, ancestral owners of the land for miles around.
The Metarey family, one and all, bring Corey into their lives, paying to send him to a prestigious boarding school and involving him in their lives of power.
The story actually stretches over more than three decades, but it revolves around those few years leading up to the presidential campaign of 1972. Corey becomes a lowly, but important aide to the classic liberal Sen. Henry Bonwiller, who, backed by the Metarey influence, seeks the Democratic nomination to dethrone Richard Nixon.
It is at once a story of moral clarity, adult responsibility, and gripping mystery. I’m a sucker for stories about political campaigns, but this is far more than a political thriller. The characters are compelling, flawed, and seductive. And you’ll wish you could meet them all.
It belongs on the shelf for anyone who, like me, adores Robert Penn Warren’s All the King’s Men. And I think this will certainly be a finalist on many book-of-the-year lists. It, like several of the picks on today’s show, is an IndieNext selection, what was once called the Book Sense Picks. These books, praised by independent booksellers across the U.S.A., are well worth seeking out.
About the author…decades ago, Canin considered himself a failed writer. So he went to Harvard Medical School and became a doctor. Today, he teaches at the Iowa Writers’ Workshop, having returned in triumph to the locus of his “failure.”
He is the author of numerous other works, including the collections, Emperor of the Air and The Palace Thief.
By Ethan Canin
2008 Random House Inc.
Hardcover and unabridged audiobook, HC 9780679456803, $27
The time is the 70s. The place: upstate New York. Corey Sifter is the teenage son of working-class parents in the ultimate company town. Fortune comes calling when Corey’s work ethic catches the eye of the patriarch of the Metarey family, ancestral owners of the land for miles around.
The Metarey family, one and all, bring Corey into their lives, paying to send him to a prestigious boarding school and involving him in their lives of power.
The story actually stretches over more than three decades, but it revolves around those few years leading up to the presidential campaign of 1972. Corey becomes a lowly, but important aide to the classic liberal Sen. Henry Bonwiller, who, backed by the Metarey influence, seeks the Democratic nomination to dethrone Richard Nixon.
It is at once a story of moral clarity, adult responsibility, and gripping mystery. I’m a sucker for stories about political campaigns, but this is far more than a political thriller. The characters are compelling, flawed, and seductive. And you’ll wish you could meet them all.
It belongs on the shelf for anyone who, like me, adores Robert Penn Warren’s All the King’s Men. And I think this will certainly be a finalist on many book-of-the-year lists. It, like several of the picks on today’s show, is an IndieNext selection, what was once called the Book Sense Picks. These books, praised by independent booksellers across the U.S.A., are well worth seeking out.
About the author…decades ago, Canin considered himself a failed writer. So he went to Harvard Medical School and became a doctor. Today, he teaches at the Iowa Writers’ Workshop, having returned in triumph to the locus of his “failure.”
He is the author of numerous other works, including the collections, Emperor of the Air and The Palace Thief.
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