LARAMIE -- Charges that two Laramie men promoted obscenity with a phallic snow sculpture were dropped Monday after their attorney said the charges failed to "overcome First Amendment problems."

Brandon Arp, 20, and Aric Davenport, 19, pleaded innocent to the misdemeanor charges in Circuit Court on April 29. The citations against them, by Officer Al Rich of the Laramie Police Department, said they "sculpted a penis in front lawn which was offensive to other residence (sic) in area."

Defense attorney R. Michael Vang, in a motion for a bill of particulars filed on April 23, said the citation failed to establish who it was that was offended.

Vang, whose motion was filed on behalf of Davenport, argued that the citation said the defendant "allegedly offended some unknown resident" with his sculpture.

"On its face it fails to establish how this single resident sufficiently represents the standards of the Laramie community to overcome First Amendment problems with application of an obscenity ordinance," Vang wrote.

His motion said that by failing "to particularly spell out" how the sculpture was obscene, the arrest "raises the specter that the obscenity statute is being selectively enforced" in violation of the clause in the U.S. Constitution that provides for equal protection of the law.

The motion asked for a bill of particulars identifying the resident or residents who claimed to be offended. It also sought "clarification as to what the 'community standard' for obscenity is in Laramie" and how the viewpoint of the person or persons complaining "represents the community standard."

Deputy Albany County Attorney Meri Ramsey subsequently moved to dismiss the charges against both men. Judge Robert Castor dismissed the charges.

The First Amendment prohibits laws abridging the freedom of speech. The 14th Amendment provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws."

Arp and Davenport do not have telephone numbers listed in the Laramie telephone directory or on file with telephone information operators, and could not be reached for comment.

Star-Tribune correspondent W. Dale Nelson can be reached at {M7wdnelson@bresnan.net.