North Aurora board concerned about video kiosks

Worried that minors could rent R-rated or adult movies without supervision, the North Aurora village board this week delayed voting on a law that would allow outdoor DVD-rental kiosks.

“I'm presuming that there would be adult videos in these at some point,” Trustee Vince Mancini suggested, even though the proposed ordinance bans the rental of adult videos or anything that would be in violation of the town's adult product display law. That law was enacted after people objected to the sight of some of the merchandise visible through the windows at the Lover's Lane adult boutique a few years ago.

Companies such as Blockbuster and Redbox have put kiosks outside of stores in other towns, including Wheaton and St. Charles. A person must use a credit card to rent a DVD. The machines are also located inside of stores.

“What convenience do they (outdoor kiosks) add to the community?” Trustee Mike Herlihy asked.

Trustees discussed whether DVD rental machines could be treated differently than other outside vending machines, such as those that dispense soda or live bait. Mancini worried that the proposed ordinance could not withstand a First Amendment challenge. Federal courts have ruled that towns may restrict when and where sexual -oriented material may be sold, but cannot ban it entirely.

Herlihy also saw the machines as more “clutter outside a business that intrudes in to the public space.”

Mancini would prefer to require that the machines be supervised, to make sure youngsters don't get ahold of R-rated movies if they aren't old enough.

“I don't think we can have video kiosks at all (in order) to avoid the illicit aspect of them,” Mancini said.

The board directed the staff and the village attorney to address its questions. A date was not set for bringing the ordinance back to the board.

Redbox does not carry NC-17 or X-rated titles. It's website says renters are required to provide age validation to rent R-rated movies.