Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, June 11, 1990                   TAG: 9006110073
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A2   EDITION: METRO 
SOURCE: The New York Times
DATELINE: MIAMI                                LENGTH: Medium

TWO RAPPERS ARRESTED AFTER PERFORMANCE OF SONGS RULED OBSCENE

The arrests of band members came after the arrest three days ago of a Fort Lauderdale record store owner after he refused to stop selling the rap group's album, "As Nasty as They Wanna Be."

A spokesman for the Broward County sheriff's office said the group's lead singer, Luther Cambell, and another singer, Chris Wongwon, were released shortly after the arrests without having to post bond.

The arrests and legal skirmish over the extremely sexually explicit rap record appeared to have set the stage for a major legal test of laws defining obscenity.

Bruce Rogow, the leading defense attorney for the 2 Live Crew, said he planned to appeal the case all the way to the Supreme Court.

The judge's finding is based on a Florida law that includes language from a Supreme Court ruling.

The ruling defines obscenity as work that has no serious artistic, scientific or political value, that is patently offensive and that would be found prurient by an average member of the community.

Sunday's arrest took place at 3:05 a.m. after the four-member rap group had finished a performance at Club Futura in the neighboring city of Hollywood.

Hollywood is in Broward County, where U.S. District Judge Jose Gonzales last Wednesday found that the lyrics of "As Nasty as They Wanna Be" to be obscene.

That legal finding appears to mean the songs cannot be provided to the public, whether minors or adults.

Saturday night's show was for adults only.

Broward County Sheriff Nick Navarro said in a telephone interview Sunday that he had sent detectives to the group's concert Saturday night.

Plainclothes police videotaped the performance.

Navarro said a detective telephoned early in the morning to tell him that the rap group had performed the song "Me So Horny" from the album.

"So I ordered them to arrest all the band members who performed the song," Navarro said.

"There is no doubt that they violated a state statute - the lyrics have been declared obscene by a judge - whether you perform them on an album or at a concert."

The police waited until the band left the club before making the arrests to avoid a public incident, Navarro said.

The police lost track of two of the band's members and failed to arrest them, he added.

But he said he intended to file warrants for their arrest today.

None of the band members could be reached for comment Sunday because they were on the way to Phoenix, where they are scheduled to play Sunday night.

On Thursday, the record store owner, Charles Freeman was arrested for refusing to stop selling the rap album, which was released in 1989.

He has said that he intends to sell it again even if it means going to jail.

Navarro reiterated Sunday that he intended to rearrest Freeman if he carries out the pledge to sell the album.

All three men were arrested on the misdemeanor charge of violating state laws on obscenity.

The charge carries a maximum one-year jail sentence and a $1,000 fine.