MILWAUKEE (AP) - The limits of artistic freedom will be tested in the trial of a rock singer whose act allegedly live up to his group's name - the Toilet Rockers, lawyers say.
The jury is to consider whether Kevin Michael Allin, better known as G.G. Allin, lead singer of the now defunct group, broke the law by defecating on stage and tossing feces into the audience Feb. 28, 1989.
"We feel that (Allin) is a serious performer, and there's serious artistic value to what he does," defense attorney Peter Goldberg said.
The trial due to start today before Circuit Judge John J. DiMotto was to decide whether Allin was guilty of abusive and indecent conduct and provoking a disturbance during the incident at the now defunct Odd Rock Café.
The criminal complaint against Allin, 34, of Ann Arbor, Mich., said he not only threw excrement into the crowd but also exposed himself repeatedly on stage and dragged a female fan on stage and jumped on her.
Most of the 50 people who had paid to get into the café immediately left, and police arrived and arrested Allin.
In a pretrial motion to dismiss the charge, Goldberg argued Allin's behavior follows in the tradition of other avant-garde artists who have incorporated human excrement into their work, a practice known as scatology.
He cited Shakespeare, the Greek satirist Aristophanes and Samuel Beckett.
Goldberg said he hoped to call at least one expert witness on what's considered art in the underground world of music, film, theater and painting.
"In a democracy, people don't have to like what they hear or like what they see," Goldberg said. "People, by and large, do not want to see the flag burned, but the Supreme Court recently said it's protected expressive conduct because it has a message to convey."
But Assistant District Attorney Michael Steinhafel argued at a motions hearing last week that the same protection would not extend to someone who ignited a flag and then threw it.
"If this is art," Steinhafel argued, "can Mr. Allin go rent a corner of the art museum and fling feces at people as they go by?"
"We're saying the First Amendment is not unlimited, and this clearly crosses the line," Steinhafel said.
A videotape of Allin's performance was expected to be shown to the jury.
The charge carries a $1,000 fine and 90-day jail sentence.
The Associated Press
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