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From the Laramie Boomerang brought to my attention by Dave Barry's Blog.
News Story Published On 4/30/2005
Laramie men face charges
BY BOOMERANG STAFF
Two Laramie men are facing obscenity charges for allegedly building a snow sculpture of a phallus in their front yard.
Brandon Arp, 20, and Aric Davenport, 19, were arraigned Friday in Albany County Circuit Court on charges of promoting obscenity. Both men pleaded not guilty and are free on a $1,000 bond.
If convicted, they could each face up to one year in jail and a $1,000 fine.
According to police reports, the men made the sculpture in the 1200 block of Custer Street on April 21. Reports say the sculpture was “offensive to other residents in the area.”
The sculpture was destroyed, and initially, police said no citations had been issued. That same morning, a second sculpture involving an “anatomically correct snowman” was destroyed in the 700 block of South 17th Street.
Laramie Police Commander Dale Stalder said police questioned whether the sculpture was protected under the First Amendment.
Davenport’s attorney, Michael Vang, has filed a motion challenging some of the claims. Vang said it was unclear who was offended by the sculpture or how it violates Wyoming obscenity laws.
State statutes say a person promotes obscenity if he or she “produces or reproduces obscene material with the intent of disseminating it.”
Additionally, that person is guilty if he or she “possesses obscene material with the intent of disseminating it” or “knowingly disseminates obscene material.”
In this case, Vang said the obscenity statute was “being selectively enforced.” Police failed to show how the sculpture was obscene under the First Amendment, he said.
News Story Published On 4/30/2005
Laramie men face charges
BY BOOMERANG STAFF
Two Laramie men are facing obscenity charges for allegedly building a snow sculpture of a phallus in their front yard.
Brandon Arp, 20, and Aric Davenport, 19, were arraigned Friday in Albany County Circuit Court on charges of promoting obscenity. Both men pleaded not guilty and are free on a $1,000 bond.
If convicted, they could each face up to one year in jail and a $1,000 fine.
According to police reports, the men made the sculpture in the 1200 block of Custer Street on April 21. Reports say the sculpture was “offensive to other residents in the area.”
The sculpture was destroyed, and initially, police said no citations had been issued. That same morning, a second sculpture involving an “anatomically correct snowman” was destroyed in the 700 block of South 17th Street.
Laramie Police Commander Dale Stalder said police questioned whether the sculpture was protected under the First Amendment.
Davenport’s attorney, Michael Vang, has filed a motion challenging some of the claims. Vang said it was unclear who was offended by the sculpture or how it violates Wyoming obscenity laws.
State statutes say a person promotes obscenity if he or she “produces or reproduces obscene material with the intent of disseminating it.”
Additionally, that person is guilty if he or she “possesses obscene material with the intent of disseminating it” or “knowingly disseminates obscene material.”
In this case, Vang said the obscenity statute was “being selectively enforced.” Police failed to show how the sculpture was obscene under the First Amendment, he said.
