An Iowa State Daily photograph has sparked controversy and possibly legal action.

State Representative Teresa Garman, R-Ames, said she spoke with Deputy Attorney General Doug Marek Thursday about her concerns with a photo published in the Daily March 19.

The photo accompanied the article “Ames’ adult entertainment increases with second store,” and depicted a sexual device worn by a topless woman.

Garman claims the photo, which was brought to her attention by a constituent, is obscene.

“The definition of `obscene material’ is any material depicting or describing the genitals,” she said. “It is against the law to disseminate obscene material in Iowa. Not to mention that it’s not in good taste.”

Garman said she was also concerned about the possibility that people under the age of 18 might see the photo.

“There is a chance that they might fall into the hands of minors,” she said.

Barbara Mack, associate professor of journalism and mass communication, said the photo does not meet the standards set by the Iowa Legislature for obscene material.

“The photograph in question does not appear to depict genitalia, sex acts or anything else described in the Iowa Code,” said Mack, a media attorney.

Bill Roach, spokesman for Iowa Attorney General Tom Miller, said the Attorney General’s office has been contacted about the matter.

“Representative Garman discussed her concerns with us, and we agreed to look into it,” he said.

The actions which could be taken in the future have yet to be determined, Garman said.

“It would be up to the Attorney General,” she said. “It’s a criminal offense. You can’t print obscenity.”

Carrie Tett, editor in chief of the Daily, said she does not regret running the story or the photo.

“We felt it was an important addition to the story,” said Tett, senior in journalism and mass communication. “It shows what the stores sell, and we thought people needed to know that.”

Tett said she is concerned by Garman’s actions.

“I didn’t understand why she’s chosen to pursue this, and I don’t understand what she hopes to gain,” she said. “I think there are a lot more pressing issues that affect the university. She is not serving her constituents to the best of her abilities if this is what she deems as important.”

Tett said she is waiting to see what, if any, legal action develops.

“I don’t see that there are any actions I can take,” she said.

Cori Zarek, editor in chief of The Daily Iowan at the University of Iowa, said she would have run the story but not the photographs.

“You could have sufficed to mention the types of products the store carries in the article, and I didn’t see it as enhancing the story any to include those photos,” she said. “I feel that the Daily probably made an unwise decision in the editorial content in regards to this particular subject – but that’s not to say the editor was wrong or legally obligated not to run it.”

Rodney White, assistant director of photography at the Des Moines Register, said he would have censored the photo.

“We wouldn’t normally run something like that, but if we had some overwhelming reason to run that photo, we would put a gray bar over the offensive portion,” he said.

Mack said she hopes members of the Iowa Legislature will realize the First Amendment protects student journalists.

“Student newspapers exist to help students learn the rights and responsibilities of their profession,” she said. “They need to be free to do that without fear of being censored, directly or indirectly, by the state government. They may be equally unhappy with massage parlor ads in the Des Moines Register or the Yellow Pages, but I hope they restrain themselves from attempting to censor them.”