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News | |
March 2000
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This is another case in which the censorship of comics has little or nothing to do with comics. |
Recent events in northeastern Texas demonstrate the dangers inherent in what may appear to be an isolated complaint. The CBLDF was contacted in November by a well-respected comics retailer after an article about his store was printed in the local PTA newsletter. Under the headline "Warning! Warning! Warning!," the article advised parents to keep their kids away from the store because "offensive materials, including videos and comics are available for viewing by minors at the location." The story included a note that the shop was under investigation by a member of the city council in response to citizen complaints.
While the store in question is close to an elementary school, the owner has always tried to provide a good atmosphere for young readers. There's a large children's section at the front of the store and a strictly controlled "18 and older" section at the back. Titles racked in the latter section include Spawn, Sin City, and all DC/Vertigo books. The store does carry a limited number of more adult titles on a subscription basis.
The
store owner was understandably dismayed by the newsletter article and
contacted the CBLDF for advice on what response to make. He was unaware
of any investigation, nor could he recall any recent complaints made at
or about the store. The only incident of note he remembered occurred in
September when a mother became upset by the high price of the store's
limited selection of Pokémon cards. "You'll regret this," she had
exclaimed, storming out of the store. "I know very important people. All
I'd have to do is tell them what you're selling here."
CBLDF legal counsel Burton Joseph contacted the retailer's lawyer, and together they worked out strategies to handle possible ramifications. The retailer's lawyer made inquiries of the city council to determine if an investigation was underway, or if any complaints had been made about the store. Neither the council staff nor the local authorities returned phone calls or responded to letters.
Nothing further occurred until January. The retailer had just spoken to the CBLDF to report that the whole incident seemed to have blown over. Three days later, the store manager was arrested in the store on charges of displaying obscene material. Bail was posted at $500 and the manager was released from police custody. The criminal charge was for displaying Demon Beast Invasion: The Fallen #2, an adult manga title published by Central Park Media. The book, which bears the warning "Absolutely Not for Children!!!" in bold letters on the cover, was racked in the adult section at the back of the store.
The retailer had purchased one copy of the book in October 1998 for a subscription customer. It's believed that the customer, deciding not to purchase the title, simply put it back on the shelf. It remained in the adult section until September 1999, when it was purchased by an undercover police officer who, needless to say, was an adult. An arrest warrant was issued for the store manager shortly thereafter, but it was not served until four months later, when the manager was taken away on new comics day.
If the arrest warrant was the result of a disgruntled mother's complaint, this is another case in which the censorship of comics has little or nothing to do with comics. It's not the result of genuine moral, ethical, or religious objection to the material in the comics. The charge of obscenity is just a convenient and powerful means to an end: in this case, revenge over a perceived mark-up on a highly collectible card. Obscenity becomes a tool with which to bring public action to bear on a private grievance. But for the comic collector or retailer who's on the receiving end of such a charge, the causes are of invariably less concern than the results. Obscenity charges, well-founded or not, still carry an enormous public stigma, hefty fines, and considerable jail time.
At press time, the arraignment is months away. The CBLDF has worked to coordinate legal counsel and hopes to have the case dismissed in court. Still, it be may be a long and expensive trial - considerably more expensive than the rarest Pokémon card.
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 non-profit organization dedicated to the preservation of First Amendment rights for members of the comics community. Donations and inquiries should be directed to the Comic Book Legal Defense Fund.
For additional information, call 413-268-7776 or e-mail the CBLDF staff.
271 Madison Avenue, Suite 1400
New York, NY 10016
800-99-CBLDF
info@cbldf.org
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