Laramie Men Face Charges for Snow Phallus

It’s spring, and young men’s fancies turn to thoughts of … cold penis sculptures.

Two Laramie men are facing obscenity charges for allegedly building a snow sculpture of a phallus in their front yard.

Brandon Arp, 20, and Aric Davenport, 19, were arraigned Friday in Albany County Circuit Court on charges of promoting obscenity. Both men pleaded not guilty and are free on a $1,000 bond.

If convicted, they could each face up to one year in jail and a $1,000 fine.

According to police reports, the men made the sculpture in the 1200 block of Custer Street on April 21. Reports say the sculpture was “offensive to other residents in the area.”

The sculpture was destroyed, and initially, police said no citations had been issued. That same morning, a second sculpture involving an “anatomically correct snowman” was destroyed in the 700 block of South 17th Street.

Laramie Police Commander Dale Stalder said police questioned whether the sculpture was protected under the First Amendment.

Davenport’s attorney, Michael Vang, has filed a motion challenging some of the claims. Vang said it was unclear who was offended by the sculpture or how it violates Wyoming obscenity laws.

State statutes say a person promotes obscenity if he or she “produces or reproduces obscene material with the intent of disseminating it.”

Additionally, that person is guilty if he or she “possesses obscene material with the intent of disseminating it” or “knowingly disseminates obscene material.”

In this case, Vang said the obscenity statute was “being selectively enforced.” Police failed to show how the sculpture was obscene under the First Amendment, he said.

Sheesh! Alright, folks, now we’re getting silly in our law enforcement. If there’s ever been a harmless obscenity, I’d say one that will shortly melt would qualify.

The selective enforcement issue is exactly why these charges will go nowhere, but a little sense of perspective should have kept them from going this far.