BTW News Briefs

Arkansas Display Statute Decision Challenged

In Arkansas, the State's Attorney General has appealed a federal court decision in November that struck down the provisions of an Arkansas code that criminalized the display of books that are inappropriate to younger minors, but constitutionally protected as to older minors and adults.

The plaintiffs -- who include the American Booksellers Foundation for Free Expression, Arkansas' That Bookstore in Blytheville, and the American Civil Liberties Union of Arkansas, among others -- first issued their challenge in June 2003. They had argued that the provisions in the law were overly broad and would violate the First Amendment rights of adults by restricting their access to a wide range of novels and nonfiction books that have some sexual content, but also have serious literary, artistic, political, or scientific value. Moreover, they contended that the law unconstitutionally requires retailers and libraries to prevent all minors from accessing constitutionally protected materials that may be considered inappropriate for younger minors.

In November, U.S. District Judge G. Thomas Eisele ruled in the plaintiffs' favor and stated that the "display provisions" of the law are "facially unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution because such provisions are overbroad and impose unconstitutional prior restraints on the availability and display of constitutionally protected, non-obscene materials to both adults and older minors." The State's brief is due in late February and the plaintiffs' response is due a month later.

NRF Forecasts Growth in 2005 Retail Sales

Consumers will prop up the economy again this year, though they could eventually become tapped out. On January 17, the National Retail Federation (NRF) released its 2005 forecast, predicting that GAFS sales (general merchandise stores, apparel stores, furniture and home furnishings stores, electronics and appliances stores, and sporting goods, hobby, book, and music stores) will increase 3.5 percent from last year. In its quarterly Retail Sales Outlook Report, NRF cites tough comparisons and lack of economic stimulus as the reasoning behind its guarded forecast.

For starters, strong comparisons will make this year more difficult for growth, said NRF. Last year GAFS sales soared 9.9 percent in the first quarter, which will make first quarter growth this year hard to achieve. As such, NRF is predicting growth of 3.7 percent for the first quarter. "This year, consumers will be under increased financial pressure due to higher energy costs and slow wage growth," said NRF Chief Economist Rosalind Wells. "Additionally, past stimuli provided by tax cuts and very low interest rates will no longer be there to boost consumer spending." GAFS sales grew 6.7 percent in 2004, the highest retail sales growth since 1999.

Mystery Writers of America Announces Ellery Queen and Raven Award Recipients

On January 13, the Mystery Writers of America announced that HarperCollins Vice President and Executive Editor Carolyn Marino would receive the Ellery Queen award, presented to editors or publishers who have distinguished themselves by their wide-ranging support of the mystery genre. Marino has acquired and edited many of the major players in the mystery field. She has worked with authors such as Tony Hillerman, Janet Evanovich, Stuart Woods, Lisa Scottoline, Mike Nichols, Michele Martinez, and Diane Mott Davidson. A Raven award, given to individuals and institutions who have made significant contributions to the mystery genre or to MWA, will go to bookseller Martha N. Farrington of Murder by the Book in Houston. Also honored were television producers and writers Tom Fontana and David Chase who will receive Special Edgar Awards for their work in television crime shows.

Mystery Writers of America is devoted to the crime genre. The Special Edgar Awards, Ellery Queen Award, and Raven Awards will be presented during the Edgar Awards ceremonies on April 28 at the Grand Hyatt Hotel, Park Avenue at Grand Central in new York City.

Atria Books Launches Hispanic and Latino Publishing Program

Atria Books announced on January 18, that it would launch a new Hispanic and Latino publishing program. At the same time, Judith M. Curr, Atria's executive vice president and publisher, announced the appointment of Johanna V. Castillo to the position of senior editor, specializing in Hispanic and Latino books. Castillo will join Atria on February 1. Castillo's principle responsibility will be to acquire titles for the Hispanic-Latino and Spanish language market. The list will launch in Spring 2006 and will include fiction, nonfiction, and lifestyle titles, some of which will be simultaneously published in English and Spanish.