Nude Theater a No-No

They say the show must go on but nobody is saying it much in Charlotte, N.C. That's where the Actor's Theater company decided not to present a production of "Dream of a Common Language," which features a nude scene. \n North Carolina has an indecent exposure law which makes it a crime to present frontal nudity before the opposite sex. Unlike the state obscenity law, the indecent exposure law contains no exception for artistic expression. \n Rather than risk running afoul of local authorities, the theater company decided simply to cancel the production it had been preparing to stage. "We are, in fact, censoring ourselves in an effort to avoid a lengthy and legal debate," Dan Shoemaker, executive director of the troupe, told a reporter. \n In part, this is a case in which money talks. The Actor's Theater of Charlotte receives funds from the Mecklenburg Arts & Science Council. Had the company put on the play in violation of state law, the funds could have been cut off. Officials said the company had to abide by the law if it was to continue to get grants. \n Michael Marsicano, president of the council, said he hoped members of the community would ask their representatives to change the law to permit the staging of plays with nudity as a form of artistic expression. \n It is not the first time the staging of a play with nudity created controversy in Charlotte. In 1996, the Charlotte Repertory Theatre put on "Angels," which also had a nude scene. At that time, the Blumenthal Performing Arts Center threatened to close its doors rather than allow the play to be presented. Ultimately, the acting company got a restraining order to allow the play to be seen. \n At the time, a judge ruled that there was a reasonable expectation that the state law would be found to be unconstitutional when applied to a work of art, such as a dramatic play. \n Last May, another play with nudity, "Love! Valour! Compassion!," was presented in Charlotte. In neither case did authorities take action to stop the show. \n "I'm not spending a lot of time thinking about nudity and plays," District Attorney Peter Gilchrist told a local reporter.