ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, April 26, 1996 TAG: 9604260076
SECTION: VIRGINIA PAGE: C-5 EDITION: METRO
DATELINE: VIRGINIA BEACH
SOURCE: Associated Press
With the approach of summertime tourists, city leaders have taken steps to prevent children from being exposed to T-shirts with unsavory messages and sexually explicit photographs and postcards.
The City Council approved an ordinance Tuesday that requires shopkeepers to keep provocative materials away from the inquiring eyes of anybody younger than 18.
``There was a real concern that some of the depictions were so graphic that they had gone beyond the limits of what a lot of people consider to be appropriate,'' said Councilman Linwood O. Branch III, who operates an oceanfront hotel.
Branch said attempts to get merchants to police themselves haven't worked.
``Some of the raw stuff that's out there is really offensive,'' he said. ``Freedom of expression is one thing, but your freedom of expression should end when it infringes on my freedom of quiet enjoyment.''
The rules won't restrict the sales of such goods, and the ordinance doesn't affect anyone who decides to wear a graphic T-shirt.
``We cannot regulate what somebody wears in the general public,'' said Randall Blow, a deputy city attorney who helped develop the ordinance. ``If somebody wants to buy a T-shirt that's offensive and walk up the Boardwalk or Atlantic Avenue, well, the law doesn't give us a lot of latitude to deal with that.''
Courts allow some control if the intent is to protect youngsters, he said.
``The idea is to keep unsuspecting parents with small children from walking into a store and all of a sudden being confronted by an indecent T-shirt or button,'' Blow said. ``They can't avert their eyes, and at that point the harm already has been done.''
Stores can still display vulgar merchandise if it's in an area where juveniles are not allowed.
The regulations will take effect in 30 days. A violation is a misdemeanor carrying a fine of up to $250.
No special enforcement effort is planned, but police will investigate complaints.
Most shop owners either declined to discuss the ordinance or spoke only on condition of anonymity.
``We used to sell the really bad stuff ...,'' one store manager said. ``But we got rid of all that because we sell to families. We like families in here.''
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