‘Nasty’: San Antonio Police Warn Record Stores

Police in San Antonio, Tex., have started warning record store retailers that they could face obscenity charges for selling the controversial album “As Nasty as They Wanna Be” by the rap group 2 Live Crew. As a result of the warning, several independent record store owners and at least one major chain have removed the album from their shelves.

The move follows last week’s ruling in Florida by U.S. Dist. Judge Jose Gonzalez who found the album obscene under that state’s law and his interpretation of a 1973 Supreme Court decision. On Sunday, two 2 Live Crew members were arrested on obscenity charges after performing the banned lyrics at an adults-only nightclub concert. Two days earlier, a record store owner in Hollywood, Fla., was arrested on an obscenity charge for selling the album.

However, Lt. Jerry Pittman, commander of the San Antonio vice squad, said Wednesday that police there were not cracking down on retailers or threatening them with arrest. “We’re merely going by the locations and providing them with a transcript of the lyrics of the album,” Pittman said. “We did not tell them to remove the album from the shelves. That would be a violation of First Amendment rights and prior restraint.”

Under current Texas obscenity statutes, retailers must be aware of the contents of the material they are selling before they can be charged with a violation.

“If the complaints from parents keep coming in, then police will begin conducting undercover investigations and undercover buys,” Pittman said. “We will take the tape to a judge, and if a judge determines that the material is obscene, then the clerk will be arrested.

“We’re trying to approach this as reasonably as possible,” he added. “We would rather do this than subject cashiers, many of whom are teens or high school kids, to arrest.”

But some retailers took the police action as a direct threat to get the albums off their shelves or face prosecution.

Hastings Records and Tapes, a chain of 120 stores in Texas and 14 surrounding states, removed the album from its stores. “We’re not going to put our managers or associates in jeopardy,” said Walter McNeer, vice president of Hastings. “We’re going to follow the law, whatever the law is.”

However, he said he was unhappy with the decision. “I’m concerned, because adults should have a choice,” he said. “We’ve restricted sale of the album to anyone under 18.”

“I think (the possibility of prosecution) basically stinks,” said Dave Risher, owner of Hogwild Records, which is located across the street from San Antonio College. Risher said he was visited by vice officers Tuesday who asked him to voluntarily remove the album. “I don’t think the vice squad is operating within their rights.”

As far as selling the album, Risher said the issue was moot: “I’m out of stock. I sold my one copy to a TV station. But I’m leaning toward selling it if I get more copies.”

Joe Regur, owner of J.R.’s Record Exchange, also was defiant. “I don’t feel that individuals complaining to the police can tell me or any owner of a record store what they can or cannot sell, especially when it comes to adults. I can’t listen and be responsible for every track on every album in my store.”

But Pittman said most store owners were willingly removing the album. “When they read the transcripts, they were appalled over the language,” he said. “The response was positive. They said it was nothing but garbage.”

The maximum penalty for conviction of selling obscene material in Texas can be up to a year in jail and a $2,000 fine.