May 09, 2019 |
‘I Eat Ass’ Sticker Leads to Obscenity Charges in Florida |
LAKE CITY, Fla. â Iâm guessing that when most people in the adult industry hear about an obscenity prosecution, their minds immediately jump to questions like âWhat sex acts did those videos depict?â or âWas it pictures of extreme stuff, like fisting or bestiality?â What likely doesnât immediately spring to mind is the possibility of the âobscene materialâ in question being a sticker affixed to a truck — let alone one with nothing depicted on it at all. Such is the case with an arrest made in Florida over the weekend, when a deputy pulled over a man named Dillon Webb, because Webb was driving a truck with a sticker affixed to its window which read âI eat ass.â The deputy asserts that the sticker violates Florida Statute 847.011, a law which prohibits âcertain acts in connection with obscene, lewd, etc., materials.â According to the Lake City Reporter, when the deputy asked Webb and his passenger about the sticker, Webb said that they were âjust wordsâ â in response to which the deputy asked Webb how a âparent of a small child would explain the meaning of the words.â Webb replied, reasonably enough, that the answer to that question would be âup to the parent.â When Webb declined to remove the sticker or remove a letter from âass,â the deputy placed him under arrest. He was later charged with possession of obscene material and resisting arrest, both of which are first-degree While the Florida statute in question covers virtually any sort of medium one might affix an obscene depiction or text to â including âany obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matterâ â the question of whether the phrase âI eat assâ can reasonably be construed as âobsceneâ is another matter altogether. Florida law defines âobsceneâ in a manner very similar to the three-prong Miller test. Under 847.001, it is defined as âmaterial which⦠the average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest; depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and taken as a whole, lacks serious literary, artistic, political, or scientific value.â In a tweet linking to an article about Webb’s arrest, attorney Larry Walters noted that his firm once got similar charges dismissed for a client whose bumper sticker read: âFuck You, You Fucking Fuck.â
Reached for comment on Webbâs case, Walters told YNOT âthis charge should never have been brought.â âLiving in a free country requires that we all have a reasonably thick skin,â Walters said. âItâs sad to think that we need police protection from exposure to three words on a bumper sticker. Obscenity cases are increasingly difficult to prove in the current era. This looks to be a waste of tax dollars and an affront to First Amendment rights.â Of course, thereâs always another possibility, one raised by author Mike Albo in a Facebook post: Perhaps the sticker’s message is a literal statement â one with a perfectly non-obscene connotation… Original bumper sticker photo by Matt Willmann; image has been cropped and modified with black censor bar. Mike Albo post via Facebook |