Ignatius "Iggy" Pitz, owner of Iggy's Skytop Gifts and Adult Bookstore, has been charged with selling obscene materials to a minor and with selling merchandise which violates this community's moral standards. The strength of these charges depends heavily upon determination of what constitutes "obscene."

On Feb. 21st, the U.S. Supreme Court ruled "the First Amendment's guarantee of free speech bars officials from seizing the inventory of adult bookstores before any of the publications have been found at trial to be obscene." (New York Times, Feb. 22 p. A 18).

So Ray Gricar, the Centre County District Attorney, must take Iggy Pitz a-courtin'. In the name of the public good, of course.

Pennsylvania's obscenity law is modeled after the Supreme Court's. To be categorized as obscene, and thus ineligible for First Amendment protection, average members of the community must find the material appeals to -- get your dictionary -- "prurient" interests; has no redeeming artistic, political, educational or scientific value; and depicts sexual conduct in a "patently offensive way."

This is a blank check.

Mike Negra, president of Mike's Video Inc., has removed all X-rated videos from his stores' shelves, fearing that a crackdown might bring the district attorney to his door. Other vendors, growing nervous, await the outcome of Pitz's trial.

One might get all mushy and moan this is not the "American way," that people should have the freedom to choose.

But U.S. Supreme Court Justice Byron R. White (among others) writes,"Deterrence of the sale of obscene materials is a legitimate end of state obscenity laws."

In other words, it's fair game for the law to suppress merchandise never declared obscene at trial.

Of the Pornography League of Centre County, which pressured him to remove the X-rated videos from his stores, Negra told The Daily Collegian, "I was at one time fearful for my business and my family from the group." He added, "It's censorship. It's a minority wheeling their morality on the majority."

Ah yes, but it's for the common good, Mike.

The timing of this suddenly visible issue is questionable. Mr. Pitz has conducted business atop Skytop Mountain for 9 years, and Mr. Gricar has worked in the district attorney's office since 1980. If the two lived in harmony for years, why the change?

Pitz, indeed, is mystified.

"I just don't understand . . . I don't know what the big deal is all of a sudden," he said. "I got along with the town and I've given to just about every good cause that came along," (Collegian, Feb. 22).

Apparently good causes solicit porn shops for donations.

Mr. Gricar said, "Since I've been district attorney the obscenity problem has been something I've been aware of," (Collegian, Feb. 22). "There came a time when I thought it was time to take a look."

Just happened to be election year, huh Ray?

Mr. Gricar is no newcomer to this area: he served as Centre County assistant DA for six years and then became DA in January 1986. He has been in a position to prosecute Pitz for a number of years.

He has not.

By moving on this issue now, the DA splashes a solid, moral-indignation topic in the papers. It'a free advertisement, a chance to show he's tough, moral and concerned.

Mr. Gricar did not return a series of phone calls to his office this past week to address the questions: Why prosecute Pitz now? And, on the basis of what probable cause did the police conduct their search?

On Aug. 31, 1988, two state troopers visited Pitz's store. They bought $133 worth of merchandise, including the video "Taboo," a second video, "Teenage Runaways" and a German magazine entitled "Starlight."

The officers viewed the material and determined that,

". . . The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest, that the subject matter depicts or describes in a patently offensive way, sexual conduct . . . and that the subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value."

(This information was taken from the Statement of Probable Cause against Pitz which was subscribed before District Magistrate Robert A. Shoff on Nov. 3, 1988.)

Put simply, the state police walked into Iggy's shop, bought two movies and one magazine, viewed the material and labeled it obscene. They acted on their own volition, not on a complaint or widespread indication that Mr. Pitz was undermining morals and youth in the community. They simply decided to run him out of business.

Mr. Pitz faces a trial, but not good chance for success. If the police identify his merchandise as obscene, he loses his First Amendment rights.

Ray Gricar has sent letters to all businesses in this county which may be affected by his election-year attitude toward pornography.

"Some of these people maybe don't have anything that would fall into the category (of obscene merchandise)," Mr. Gricar told the Collegian on March 9th. "I'm just trying to be on the safe side."

Uh-huh.

The Centre County District Attorney, Ray Gricar, is chasing Ignatius Pitz -- a 62-year-old man who had a stroke last October -- out of business.

But relax. It's all for the common good.