"I never thought it would be such an issue," Kody Gibson, a Ball State University senior, said, speaking of his six-foot tall penis made entirely of snow and ice.
Put that in your pipe and smoke it, Frosty.
Last week, Gibson and his roommate, graduate student Andy Frazer, decided to lend their artistic hands to building a snow sculpture in their front yard. Instead of a traditional snowman or snowwoman, they decided to take a whack at something slightly more controversial.
"I guess it could be attributed to all the E.D. [Erectile Dysfunction] ads on TV," Frazer said.
On the way home from class Feb. 9, Gibson stumbled upon Frazer in the midst of erecting the figure and decided he'd help him out. Hours of labor and a yard-ful of snow later, their masterpiece was complete.
Said artwork was on display for all to see at the students' Bethel Avenue residence, located just across the street from Worthen Arena. The structure was detailed in shape and took some balls to make.
Two of them, precisely.
"People were pulling over to take pictures of it," Gibson said. Bethel Avenue is a highly traveled road during daylight hours, making the display all the more noticeable. At one point, a mother and her child even stopped by.
"Hey, it's a lighthouse!" Gibson told the mother.
"Well, my son says it's a penis -- and he's five," the mother responded with amusement, Gibson said.
All was well and good for the duo, until their winter fun took a chilling turn for the unexpected.
"Soon after, four [Muncie] police officers arrived and informed us that they had received several complaints," Gibson said.
Captain Charles Hensley of the Muncie Police Department told the Daily News that the sculpture was considered a "noncriminal violation" and that the officers had "strongly recommended they get rid of the object."
"If you describe it as art, and I don't agree, I can't force you to take it down," Hensley said. He added that it was the second time that week the department had a situation of this nature.
Meanwhile, Associate Dean of Students David Fried was notified by MPD of the situation and was asked if the university could do anything, as the department could not.
"I explained that I wasn't sure what we could do," Fried said. He agreed to contact the students to discuss the situation further, explaining that, under BSU student code, the students could have been charged if it was disruptive (obscene) enough. Fearing any further hassle, Frazer headed outside and circumcised the structure down to a less offensive pile of snow. (He's since regretted his decision.)
It is important to note that at no point were the students forced to take the structure down, either by university or MPD officials.
"I was mad," Gibson said of his roommate's action. "I said that it was our first amendment right [to have it up]."
Or, was it?
"It's a question of fact: what is obscene?" Ball State Student Legal Services Attorney John Connor said.
Would it have been deemed that disruptive, the students would have been placed in front of a university board to decide their disciplinary fates.
"This is why there are hearings and trials," Connor said, "to let reasonable people decide."
As censorship has been a hot issue, it is anyone's guess as to how an independent "jury" would decide on such a case. It does question the limits and jurisdictions of organizations, as well as the definition of such subjective words as lewd and obscene, though.
Talk about a hung jury.
"What the final outcome would have been is a question," Connor said.
For now, the immediate worries have melted away, but hopes remain bright, err ... cold, for Gibson.
"A lot of my friends have wanted to do it again," he said. Frazer said he is not opposed to the idea.
Frosty was unavailable for comment.
Write to Dave at heydave@bewilderedsociety.com
For pictures of this week's story, visit www.BewilderedSociety.com.
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