Charges against clothing retailer Abercrombie & Fitch were dropped by Virginia Beach police. Why did Virginia Beach police have charges against the store, you ask? Police were convinced that the ads, at their local Abercrombie, were inappropriate for young children.
Was the police response to the store an overreaction? Yes, according to legal experts. Though local laws can vary, courts require that the image show sexual activity or a "lewd display" of genitals, says Lawrence Walters, an Orlando, Fla., lawyer and First Amendment specialist.
"There is not a chance any jury in America would find the photo obscene under these standards," he said.
Virginia police had referred to City Code Section 22.31, which says it is a crime to display "obscene materials in a business that is open to juveniles," said police spokesman Adam Bernstein.
Had the charges not been dropped, the store's manager could have faced fines and jail time. Lucky for the manager, this just seemed to be a case of over zealous officers.
Walters said police may have misread the standards for obscenity, as is often the case. He also said they improperly seized the posters without a search warrant, which constitutes prior restraint, which is barred by the Constitution.
"In a free country, we don't limit what people can view, watch or read by what is acceptable to minors," said Walters. Protecting children is a "job that belongs to parents."
Kind of reminds us of the pharmacists who refuse to fill birth control prescriptions.
WSYR.com: [Charges against Abercrombie Store Dropped]