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WILLIAMSBURG, Va. - (KRT) - Browsing the magazine racks in the library last week, John Callaghan, 77, was so disgusted with the cover picture on The Advocate, a national gay and lesbian newsmagazine, that he ripped it off and took it home with him.

Now Williamsburg Regional Library officials say they are deciding whether to alert law enforcement authorities, revoke Callaghan's library privileges or take other disciplinary action against him.

Under Virginia law, willfully destroying or damaging a magazine in a library is a Class 1 misdemeanor, punishable by up to 12 months in jail, up to $2,500 in fines, or both.

Library patrons have torn off magazine covers or removed articles before, but this is the first time that officials can remember that they knew who the offender was. They learned of the incident at the Scotland Avenue branch from a Virginia Gazette newspaper reporter earlier this week.

Callaghan, a resident of Ford's Colony, said he got mad when he saw the cover featuring a black man and a white man, both bare-chested and muscular, leaning in to kiss each other.

``I'm old fashioned and have grandchildren and this magazine was eye level,'' he said. He said he was offended not only that the magazine was available to young people, but also that his tax dollars were spent to put it there.

Library Director John Moorman said he would consult with the library board and decide how to handle the situation. He said the library has ``a wide variety of options and I really don't want to discuss them at this time.''

Library officials said they started subscribing to the magazine in 2001 in response to requests from people in the community.

``We buy materials that reflect the needs and interests of our entire community,'' said Barry Trottman, adult services director for the library. ``Any time something is damaged by someone, it's a disappointment simply because it reduces the access of everyone in the community to whatever that item was.''

Although the offense technically qualifies as destruction of property, Assistant Commonwealth's Attorney Dan Quarles said a prosecutor would have a hard time finding a judge who would convict somebody for ripping a cover off a magazine.

Callaghan said he didn't know he broke the law. When informed of the possible punishment, he said he'd ``have to think about going to jail.''

``It would depend where they would send me and if they had TV with football on it, that would be important,'' he said. He said he didn't have $2,500 and still has the magazine cover.

``They don't have witnesses that I did this,'' he said, ``and I'm not sure I did it.''

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© 2003, Daily Press (Newport News, Va.).

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