http://www.fortwayne.com/mld/newssen...l/11288390.htm
Posted on Fri, Apr. 01, 2005
From The Associated Press
EDINBURGH — The Venus di Milo had better wear a top, and Michelangelo’s David should put on some pants if they’re going to be seen at a yard art business.
Bartholomew County officials told the business near Interstate 65 that it must move cement copies of the classical statues – and about 10 others – out of public view because they are obscene under Indiana law.
“It’s not fair to point out our business, and personally, I don’t find them offensive,” Ginger Streeval, a co-owner of White River Truck Repair and Yard Art, told the Daily Journal of Franklin for a story Wednesday.
Frank Butler, the county’s zoning inspector, disagreed.
“They have nudity ... and that should not be in the view of a minor,” he said.
Indiana’s obscenity law prohibits the display of nudity where children might see it, he said.
The law also stipulates that such material is harmful for minors if, “considered as a whole, it lacks serious literary, artistic, political or scientific value for minors.”
The sheriff’s department and zoning officials cracked down on the business about 25 miles south of Indianapolis after receiving two complaints about the statues.
But Ken Falk, legal director for the Indiana Civil Liberties Union, said nudity has been part of art for hundreds of years and that using nudity to define obscenity could raise constitutional questions.
“Just because something is nude doesn’t mean it’s obscene,” he said. “If that were the case, most Renaissance art would have to be put into back rooms or hidden.”
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