IVPTATC Til CXPCf Associated Press
X f f dr 1L^ i Edited by Brandon Loomis
Federal judge keeps controversial photo exhibit open
CINCINNATI - A federal judge
barred police Sunday from confiscat
ing photographs from an exhibition
of Robert Mapplethorpe’s works that
led to an obscenity indictment against
an arts center and its director.
U.S. District Judge Carl Rubin also
ordered county and city authorities
not to interfere in any way with the
exhibition while the obscenity charges
arc tried in state court.
The Contemporary Arts Center
hailed the protective order, which will
let the 175-photo exhibit proceed
unchanged until a jury can decide
whether its seven sexually explicit
photos are obscene.
“We got everything we wanted
out of this hearing,” said arts center
lawyer H. Louis Sirkin.
The exhibit opened to the public
Saturday morning, attracting a crowd
of thousands including nine grand
jury members. It was closed for an
hour in the afternoon when the arts
center and its director, Dennis Barrie,
were indicted on state obscenity
charges.
Patrons were told to leave the center
while police videotaped the display
under a search warrant. The exhibit
then reopened.
Hamilton County Prosecutor Arthur
Ney Jr. asked the center on Saturday
to voluntarily remove seven photo
graphs that grand jurors found objee
tionaDie, out center otticials relusea.
Ney made a veiled threat of more
action if the photographs remained in
place this week, and wouldn’t rule
out confiscation.
The seven photos include two of
children either naked or partially naked,
and others depicting homoerotic acts.
Last June, the Corcoran Gallery of
Art in Washington, D.C., canceled
the exhibit. The Washington exhibit
prompted Congress to limit funds for
- - I
me aris auer ;>en. jesse Heims, k
N.C., declared the photographs ob
scene.
The judge agreed to the unusual
emergency hearing Sunday morning
requested by the arts center, which
won an order prohibiting further po
lice interference with the show. At
the outset of the hearing, Rubin said
that seizing the photos would make
the argument about displaying them
moot before it is even decided.
Rubin ordered the arts center to
give prosecutors a copy of each pho
tograph for use at trial. He also said
there was no reason for authorities to
interfere with the exhibition, which
runs through May 26 and moves to
Boston in August.
‘‘I’m also going to enjoin each of
the defendants, their agents, their
employees and anyone under their
control from interfering or terminat
ing thecurrentexhibit without further
order of the court,” Rubin said.
“You may not recover any photos,
you may not close the exhibit to the
public, you may not take any action
that could be intimidating in nature to
prevent the public from seeing the
exhibit,” the judge said.
D (Vti/I k a I iln kii' mril
ten opinion Monday.
Police had an obligation to main
tain order at the exhibit, which drew
more than 3,000 people on opening
day Saturday, “but that may not be
used as an excuse to shut down this
exhibit,” Rubin said.
Both sides agreed to the order,
which will remain in effect while
they prepare for trial in Hamilton
County Common Pleas Court.
The next step is Barrie’s arraign
ment Friday, at which he is expected
to plead innocent to charges of pan
dering obscenity and illegal use of a
minor in nudity-oriented material.
The exhibit reopened at noon
Sunday, an hour early, attracting a
crowd that eventually stretched around
the block. They cheered loudly when
workers from the arts center announced
the judicial orders.
The arts center is not admitting
people under 18 and has put up a
warning sign at the door.
The University of Pennsylvania’s
Institute of Contemporary Art organ
ized the exhibit in the fall of 1988. It
drew crowds in Philadelphia in Do
cember 1988 and in Chicago at the
time of Mapplethorpe’s March 1989
death from AIDS. Mapplethorpe, 42.
lived in New' York City.
The exhibit has also been show n in
Boston, Hartford, Conn , and Berkele\.
Calif.
Netvraskan
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472- 1766
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Chairman Bill Vobe|da
„ . 436-9993
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473- 7301
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1990 DAILY NEBRASKAN
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