Cops fear act of 'genital pleasure:' artist
Artists say police afraid of sex by threatening charges at live sex play

Thursday, June 19, 2003

VANCOUVER (CP) -- City police fear an act of "genital pleasure" and want to keep that hidden by recommending charges if a live sex play is performed, civil rights lawyer John Ince said Thursday.

Ince made the comments at a packed news conference in the latest exchange between police and a group intent on performing the play during an artist's opening at a local art gallery of his latest works depicting oral sex.

Police have told the owner, manager or agent, and actors they will recommend that the Crown lay obscenity charges if the performance goes ahead.

Spectators would not be charged.

"The only motivation is that police and those who believe that this is worthy of suppression have a problem with sexuality itself," said Ince, flanked by the actors, artist Martin Guderna, and two lawyers who are now acting as counsel for the group.

The group anticipates being arrested and charged, and will fight back by suing the police and B.C.'s attorney general, said Ince.

Ince, a self-described erotic-arts activist and owner of the Art of Loving erotic art store, where the play will be performed, co-wrote the two-part play with Guderna.

Ince and Guderna -- whose works will be on display when the play opens -- called their play Public Sex, Art and Democracy. They've scheduled three performances beginning June 26 at 8 p.m.

City police shrugged off initial reports about the planned performances, saying they would not interfere unless there was a complaint, but quickly changed their stance after consulting with the force's vice unit.

When Ince learned of the change in police position, he wrote a letter to Vancouver police Chief Jamie Graham requesting that police retract a news release about the change -- with no response.

The threat of charges has taken its toll on himself and the performers, said Ince.

"It's very disturbing for me that the police might undergo charges under a Criminal Code where charges of murder or rape or theft are charged," he said. "We are dedicated and committed to what we are doing and we're prepared to face that risk."

Due to large demand to see the first show, where police are widely expected to intervene, Ince said he tried to move the show to a larger venue to accommodate a larger audience -- without success.

"The threat of criminal prosecution, just the threat, is enough to say, 'Sorry we can't help you,'" said Ince.

Richi Gill, one of the lawyers for the group, said the show would be defended on the basis of its artistic merit.

He also questioned the Criminal Code's application in this case, arguing that it contravenes the Charter of Rights and Freedoms.

In a letter sent to B.C. Attorney General Geoff Plant on Thursday, Gill said there is no basis for the charge.

Threatening to lay charges anyway constitutes an "abuse of power," the letter adds.

But Vancouver police spokeswoman Const. Sarah Bloor said they will pursue charges if the play goes ahead, despite a potential lawsuit.

"A threat or whatever (Ince) wishes to do is certainly his right as a citizen, unfortunately we have a responsibility as the police department to enforce the laws," said Bloor.

The play will only have 35 seats for each performance but has reserved a seat for Graham and Plant if they attend, said Ince.

If the play is performed and is a hit, the group plans to tour the country.

Admission for the one-hour play and Guderna's art opening is $20.

Tickets are sold out for the first two performances, but the third still has a few left, said Ince.

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