A Butler County obscenity trial was postponed today, impacting Jeffrey R. Busemeyer, who faces four counts of pandering obscenity. The charges relate to his alleged offering for sale of four videos at a West Chester Township convenience store he manages, which authorities believe are obscene.

Busemeyer's trial, originally scheduled for today, has been rescheduled for December 1 in Common Pleas Court. The delay was imposed at the request of his lawyers.

Context of Obscenity Prosecutions in Ohio

This postponement occurs in a state that has seen significant legal battles over obscenity, notably the Mapplethorpe obscenity trial in Cincinnati in 1990. That trial involved Dennis Barrie, director of the Cincinnati Contemporary Arts Center (CAC), and the CAC itself, who were charged with displaying obscene material. The material in question consisted of photographs by artist Robert Mapplethorpe.

The Mapplethorpe exhibition, titled "The Perfect Moment," featured approximately 175 images from Mapplethorpe's 25-year career. These included black-and-white depictions of 1970s New York, celebrities such as Andy Warhol, Philip Glass, and Deborah Harry, as well as nudes and graphic depictions of sadomasochism. Robert Mapplethorpe was known for his striking black-and-white photography that often depicted homoerotic themes and sadomasochism. The exhibition was controversial from its inception due to the openly homosexual nature of much of Mapplethorpe's work and received extensive coverage in the Cincinnati press.

Public reaction to the Mapplethorpe exhibit was largely negative, leading to rumors that Cincinnati authorities would attempt to close it under Ohio's obscenity statute. This statute makes it illegal for any person to "Promote,… display … or exhibit … any obscene material."

Legal Proceedings in the Mapplethorpe Case

In an effort to prevent an obscenity prosecution, Dennis Barrie and the CAC filed a civil lawsuit for a declaratory judgment on March 27, 1990, in Hamilton County Municipal Court. The CAC requested the court to declare the exhibit not obscene. However, on April 6, 1990, the court refused and dismissed the action. The following day, the Hamilton County Grand Jury indicted the CAC and Barrie for criminal violations of the Ohio obscenity statute.

The Mapplethorpe obscenity trial took place from September 24 to October 5, 1990, in Cincinnati, Ohio. The defendants were Dennis Barrie and the Cincinnati Contemporary Arts Center. The crime charged was displaying obscene material, specifically pictures by Robert Mapplethorpe. Chief defense lawyers were Marc D. Mezibov and H. Louis Sirkin, while chief prosecutors included Richard A. Castellini, Frank H. Prouty, Jr., and Melanie J. Reising. Judge F. David J. Albanese presided over the trial.

The prosecution in the Mapplethorpe trial aimed to classify certain photographs as "obscene" under Ohio law, citing images that depicted nude children and sexually explicit acts. Conversely, the defense argued for artistic freedom, emphasizing the aesthetic qualities of the work. The trial raised critical questions about the intersection of art, obscenity, and public funding, particularly during a period of rising political conservatism in the United States.

Ultimately, the verdict in the Mapplethorpe obscenity trial was not guilty for both the CAC and Barrie. This acquittal was seen as a major reaffirmation of First Amendment freedom of speech protection, particularly in the context of homosexual art. The trial not only highlighted the cultural tensions of the early 1990s but also galvanized support for the National Endowment for the Arts amidst calls for its defunding.

Key Facts

  • Jeffrey R. Busemeyer's obscenity trial was postponed today.
  • Busemeyer faces four counts of pandering obscenity.
  • The charges stem from his alleged offering for sale of four videos at a West Chester Township convenience store he manages.
  • The trial has been rescheduled for December 1 in Common Pleas Court.
  • The delay was imposed at the request of Busemeyer's lawyers.
  • Ohio has a history of obscenity trials, including the Mapplethorpe obscenity trial in 1990.