Although technically they need to hear from the Court of Appeals before Hamilton County officials proceed with their attempt to reinstate pandering obscenity charges against Larry Flynt, the judge in charge of the case decided to postpone the case until the Hustler publisher finishes his gubernatorial campaign in the state of California.
The Cincinnati Post reports that yesterday Common Pleas Court Judge Patrick Dinkelacker, with a smile on his face, suggested that the case be postponed until after the October 7 election. Louis Sirkin, Flynt's lawyer, agreed - also with a smile on his face.
Flynt and his brother, Jimmy, are next scheduled to be in court in Hamilton County for an Oct. 14 hearing before Dinkelacker.
In June Hamilton County prosecutor Mike Allen, a longtime foe of the Flynts, asked the judge to reinstate 1999 pandering obscenity charges against the brothers, accusing them of violating a plea bargain of the 1999 case by continuing to sell sexually explicit videos in Hamilton County.
The Flynts' plea bargain agreement in 1999 called for them to never sell obscene videos in Hamilton County again.
Elyse Metcalf beat obscenity charges in 2001 with some of the same videos, the Hustler store, which Larry Flynt no longer owns any part of, began selling adult videos again. Now the Flynts contend that the "community standard" that determines what is obscene has changed in Hamilton County.
Larry Flynt is considered a darkhorse candidate in the October election. Recent polls have placed Flynt in the top five of the over two hundred people running for governor if the recall effort against Gov. Gray Davis succeeds.