ALEXANDRIA — The owners of a Dairy Mart on Alexandria Pike face five counts of distribution of obscene material involving magazines sold at the store.

        Similar charges could be filed against two other Dairy Marts in Newport where the same magazines were sold.

        The Cincinnati attorney who represents Hustler publisher Larry Flynt and who was a lead attorney in the Mapplethorpe trial in 1990 against the Contemporary Arts Center in Hamilton County got a call about the case from Penthouse, one of the magazines confiscated by police. However, H. Louis Sirkin, Cincinnati lawyer, said he has not been retained to defend any party in the case.

        Campbell County Attorney Justin Verst said Friday this was the first time he can recall that anyone in the county was charged with distributing obscene material relating to what are commonly called men's magazines. He said the last Campbell prosecution alleging pornography involved a video store about six years ago.

        Charges were filed Oct. 20 against Dairy Mart. County officials released details of the case Friday.

        Mr. Verst, who was involved in prosecution of the Cinema X adult theater in Newport and some adult book stores in the late 1970s and early 1980s, said his office worked with Campbell County Police Lt. Col. Keith Hill and Sgt. Barrett Champagne on a monthlong investigation of the Dairy Mart.

        “(Lt. Col.) Hill learned about a Dairy Mart that was being boycotted in Ohio by a group over there for selling obscene magazines,” he said. “He went to the (Alexandria) store and found these magazines for sale.”

        The magazines identified in the charges against Dairy Mart in clude Penthouse, Explicit Club, Oui, Gent, Cheri, Fox, Assertive Women, Swank, High Society and Hot Legs.

        “These magazines are much more hardcore than they used to be,” Mr. Verst said Friday. “They are very graphic in displaying sexual intercourse and other sex acts. They go well beyond just displaying nudity.”

        The store's owner, Lawson Co. of Dublin, Ohio, will be arraigned in Campbell District Court on Nov. 3. Lawson officials could not be reached Friday for comment.

        Mr. Verst said he has had discussions with representatives of the company and a not-guilty plea will be entered at that time.

        Mr. Verst said company officials agreed to remove the magazines in question and any similar material from the Alexandria store and two Newport stores, at 101 E. 10th St., and 1040 Monmouth St.

        “Newport police have been working with us in this investigation, and we may file charges against the Newport stores as well as other individuals and corporations,” he said.

        Distribution of obscene material is a Class A misdemeanor punishable by up to a $10,000 fine per count.

        Mr. Sirkin, the Cincinnati lawyer for Larry Flynt, said “There has been a growing feeling from some of these (anti-pornography) groups that the national publications are as addictive and as much of a problem as the so-called adult magazines.”

        “It's in the eye of the beholder. But with a charge like this, they can't isolate the photos from the entire magazine.”

        Mr. Verst said the magazines removed from the Dairy Mart “fall in same category as the old Cinema X theater, the (adult) book stores and other former pornography problems we had years ago in the county. I think the community values in Campbell County determine these to be obscene.”

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