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VIRGINIA BEACH-Monday, Virginia Beach Police dropped obscenity charges stemming from two poster advertisements for Abercrombie & Fitch at Lynnhaven Mall.Police confiscated the ads Saturday, saying they violated the city's obscenity law because some of the models were partially nude. One showed a group of shirtless male models and one has his jeans low enough to show a part of his buttocks.Police say they received several complaints about the ads and had met with local store officials, in which police informed them they were in violation of the code.The window displays went up in 363 stores across the country in mid-January. A police spokesperson said the store in Lynnhaven Mall was told last week to take the ads down.No other store in the country was asked to take down its ads.Brendon Payne, the store manager, was issued a criminal citation on obscenity charges, that were later dropped.Police met with City Attorney Les Lillie Monday afternoon to screen the case. Deputy Police Chief Jim Cevera said by the end of the meeting, Lillie and police decided the displays were not technically obscene. Virginia Beach city code says obscene material must be harmful to juveniles in order to be illegal, and Cevera said the display ads "did not quite rise to that level."Cevera said a sergeant was acting in good faith on complaints that the display ads were offensive, and that while police had probable cause to take down the pictures, they do not have enough to go forward in court.Customers had a mixed reaction to Saturday's decision to take down the ads."I don't think it's obscene. That's why the hire models, so they can show off their bodies," said Abercrombie shopper Ahmed Amin.Father of three Chris Karbala disagreed."I think they're inappropriate," said Karbala. "I think the kids already have enough innuendos in advertising that they don't need anything more to feed on."ABERCROMBIE & FITCH STATEMENT:
"The marketing images in question show less skin than you see any summer day at the beach. And certainly less than the plumber working on your kitchen sink. This is an incredible over reaction by city officials that would be comical except for its potentially serious legal implications. We will pursue our legal rights aggressively and fully expect to prevail."-Tom Lennox, Vice President of Corporate Communications.This isn't the first time Abercrombie & Fitch has been in the center of controversy.In 2003, the clothing chain pulled its Christmas catalog, which featured nude models, after receiving boycott threats from a parents' group.In 2002, Abercrombie & Fitch pulled a line of thongs from its shelves that were aimed at girls age 10 and under.
VA BEACH OBSCENITY LAW:
Sec. 22-31. Display of obscene materials at business establishments open to juveniles.
It shall be unlawful for any person to knowingly display for commercial purposes in a manner whereby juveniles may examine or peruse:
(1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or
(2) Any book, pamphlet, magazine or printed matter, however reproduced, or sound recording which contains any matter enumerated in paragraph (1) above, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles.
(Code 1965, § 23-36; Ord. No. 1539, 6-24-85)
As in the days of Noah....
