Posted Jul 14, 2010 05:57 pm CDT
Called by a concerned citizen over an undressed mannequin in a store window, Beatrice, Neb., police first covered that part of the window with paper and then, when store owner Kevin Kramer complained, threatened to arrest him for disorderly conduct, he says.
But Kramer has struck back, retaining a lawyer and threatening to sue over what his attorney, Dustin Garrison, claims were violations of the law by town police, according to the Beatrice Daily Sun and the Crime Scene KC blog of the Kansas City Star.
City attorney Tobias Tempelmeyer tells the Daily Sun the issue is whether the mannequin—who has since been dressed in a bikini and armed with a toy assault rifle—was obscene in her unclothed state. No determination has yet been made on that question.
”Nothing about a naked mannequin constitutes obscenity,” replies Garrison. “I think we’ve all gone into a department store and seen a naked mannequin at one point in our lives. In our opinion, nothing that Mr. Kramer did was obscene or criminal in nature. Officers did conduct themselves in a criminal manner.”
Related earlier coverage:
ABAJournal.com: “Fla. City Official: Business Sign Rules Allow US Flag, But Not 1st Amendment”
ABAJournal.com: “Fla. City to Pay $55K to Bait Shop Ticketed for Displaying US Constitution”