LITTLE EGG HARBOR, N.J. (AP) -- A state appellate court has upheld a New Jersey man's conviction on an obscenity charge for watching porn videos on his iPad while sitting in his car outside a fast-food restaurant.
Little Egg Harbor police responded to the restaurant in April 2014 after getting a complaint about 53-year-old David Lomanto's activities. Authorities say he initially refused to leave his car, then repeatedly refused to show the officer his license or other identification.
Lomanto was charged with obstruction, and a count of public communication of obscenity was later filed. He was convicted in May 2017 and sentenced to two concurrent one-year terms of probation and five days in jail, which he has served.
Lomanto claimed the definition of "publicly communicates" in the obscenity law is overly broad and that watching porn in the privacy of his car is protected under the U.S. Constitution.
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