Starley v. City of Birmingham

Violation of City Ordinance 16-18 as amended (obscenity); sentence: $500 fine and 180 days hard labor.

On February 27, 1978, Officer John R. Walkinshaw of the Birmingham Police Vice Squad entered the Pleasure Books East store and purchased from the appellant a copy of the magazine, "My Black Lover." After personally reviewing the magazine, he presented it to City Magistrate J.M. Burns. After having examined the magazine for fifteen to twenty minutes, Mr. Burns issued a warrant for the appellant's arrest.

The magazine in question depicts explicit homosexual acts between men. There is no question…