D and other interested parties filed an action for declaratory judgment on March 27, 1990, in the Hamilton County Municipal Court seeking a determination of whether the Mapplethorpe exhibition was obscene. That civil remedy for the prior judicial opinion was dismissed in the Hamilton County Municipal Court. On April 7, 1990, the Hamilton County Grand Jury convened and returned the indictments against the Ds. The misdemeanor indictment was remanded by the Court of Common Pleas to the Hamilton County Municipal Court for trial and assignment to this court. Ds jointly move the court to dismiss the indictment for failure to state offenses pursuant to Ohio law.