SAN FRANCISCO (ACNI) — Book store owner Bill Petrocelli and Pacific Legal Foundation attorney Anastasia Boden have announced a lawsuit challenging the 2016 legislation known as AB 1570. The bill, which originated in the California Assembly, requires sellers of autographed items with a value of more than $5 to issue a certificate of authenticity to the purchaser affirming the signature. In the case of antique books or manuscripts, or other memorabilia signed years or even centuries ago, dealers argue that it is literally impossible to obtain a witness’s affidavit retrospectively.

The bill is burdensome even in cases that are current, dealers argue. “Even when an author signs a book in the presence of the store owner, the certificate must specify the date and place of the signing and identify a witness to it,” the plaintiff said.

Petrocelli and Boden claim the law violates equal protection standards because it “exempt[s]” Internet dealers and pawn shops from the requirements. It should be noted that, in this particular application, “Internet dealers” refers specifically to dealers who sell directly to customers via the Internet, e.g., through a business website they maintain. It does not apply to online-auction facilitators, for example, who are not the actual owners/sellers of merchandise in question.

California auctioneers and other affected parties have joined forces to protest the bill’s restrictions, which are viewed by many in the trade as heavy-handed business-killers that inevitably would lead to a loss of business to competitors in other states where no such legislation applies.

A news conference is scheduled today for 10:30 a.m. Pacific time at the Book Passage, 1 Ferry Building, #42, in San Francisco.

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By Catherine Saunders-Watson, Auction Central News International