University of Virginia Library

'Playboy' Banned From Newcomb Store

By ROSS HETRICK

CD/Kim Grosner

Newcomb Hall Bookstore: Another Dixie News?

"Playboy," "Penthouse,"
"Oui," and several other
magazines have been removed
from sale in the Newcomb Hall
bookstore by the University
Business Office upon
recommendation of University
Legal Adviser Neill H. Alford
Jr. after Albemarle
Commonwealth's Atty. Charles
R. Haugh said he considers
these and certain other
magazines to be objectionable
under local obscenity
standards.

Mr. Alford advised that the
magazines be removed in order
to avoid the possibility of the
University becoming involved
in a test case of the obscenity
laws, and pending an
opportunity by his office to
review the recent U.S. Supreme
Court decision regarding
obscenity and the magazines in
relation to it.

Mr. Alford indicated that he
anticipates meeting with Mr.
Haugh in the near future to
discuss the matter.

This action came on the
heels of raids on the Dixie
News bookstore and Variety
Book Store two weeks ago
along with the banning of such
magazines as "Playboy" from
the shelves of Albemarle stores.

The new bans and rash of
raids are the result of the
recent U.S. Supreme Court
decision allowing communities
to locally decide what and
what is not obscene.

The raids on Variety Book
Store and Dixie News
bookstore on June 28 were
conducted by Charlottesville
Police Chief John DeK. Bowen,
after certain magazines sold by
the store were deemed obscene
by Municipal Court Judge E.C.
Wingfield.

In the raid, $15,000 worth
of allegedly "hard core"
pornography was seized and
the store owners, Edward
Haish of Dixie News and
Gilbert Millsap of Variety, and
two employees, were arrested.

On the following Tuesday,
July 3, Mr. Haugh and
Albemarle Sheriff George A.
Bailey advised county store
owners that they would be
liable to "arrest and
prosecution" for selling
"Playboy," "Penthouse," and
other such magazines.

The county edict differed
from the criteria used by the
Charlottesville Police, which
stated that only material
depicting explicit sex acts
would be confiscated.

The Newcomb Hall
Bookstore is under county
jurisdiction along with the rest
of the University, and
therefore removed the
magazines.

Sheriff Bailey has reported
that all Albemarle merchants
have complied with his ruling
and one has even removed
more than the necessary
magazines to be "on the safe
side."

According to Eric King, a
spokesman for Seven Day
Junior stores, one of the stores
affected, the ban is very
welcome. "We never wanted
them (the magazines) anyway.
It was just because of the
customers and store managers
and now we have an excuse not
to carry them," he said.

A public relations official
for "Playboy," Lee Gottlief,
last Saturday told radio station
WINA that "Playboy has never
been obscene and never will
be." He added that the
magazine considers itself "to
be in a class by itself, with high
standards both in the literary
and artistic areas."

Sheriff Bailey Monday told
The Cavalier Daily that "I
don't think I should take the
advice of 'Playboy.' I am just
following the advice of the
Commonwealth's Attorney'
(Mr. Haugh)."

He added that many
"Playboy" subscribers were
complaining of the obscenity
in the more recent editions,
particularly in the April
edition.

Mr. Bailey sees no problem
as far as the interpretation of
obscenity. "I don't think we
have any problem. The law is
quite explicit in defining
obscenity, "Said Mr. Bailey.

He added that "It is not for
us law enforcement agents to
make laws-we only enforce
them. It is up to the legislature
to make the laws."

Concerning the Supreme
Court ruling, Mr. Bailey said "I
am very pleased and happy the
way the Supreme Court ruled."
He believed that the situation
had gotten "too much out of
hand," and that something had
to be done.

Charlottesville Police Chief
John DeK. Bowen differed
slightly from Mr. Bailey in his
outlook on the problem,
however. He does see a
problem in the interpretation
of the law and believes that it
is not "cut and dried" as Mr.
Bailey does.

Mr. Bowen is not as happy
about the ruling as Mr. Bailey
is, but he believes that "the
government has to protect
citizens from obscenity."

He believes that some sort
of state standards would help
on the local levels.

State Atty. General Andrew
P. Miller has said that he hopes
some sort of standard for
obscenity can be formulated at
a meeting of Virginia's
Commonwealth s Attorneys
late in August.

There is some dispute as to
the implementation of the new
ruling. While some citizens
complain of Mr. Bailey's and
Mr. Haugh's "censorship,"
others complain that the city
gave no warning of impending
raids.

Gilbert Millsap, owner of
the Variety Book Store, claims
that Mr. Bowen visited his shop
two days before the raid. Mr.
Millsap allegedly told Mr.
Bowen that he would remove