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Upstate NY State Man Pleads Not Guilty for Displaying 7-Foot Yard Peen

Monday September 28, 2020

James Gagne
James Gagne  (Source:Screenshot)

Last June EDGE reported on an upstate New York man was arrested for erecting a 7-foot wooden penis in his yard after complaints from neighbors.

"On June 6 Wilton resident Jamie Gagne erected a 7-foot penis in mid-June due to an issue he was having with town," read the report. His plans for a workshop he was building were denied. He attempted to get attention from the local officials, who didn't get back to them. To get their attention, he built the penis.

This past week Gagne "pleaded not guilty to publicly displaying offensive sexual material," Albany New York television station WNYT 13 reports


The 7-foot penis statue in its new location.

While some neighbors complained, Gagne says that people mostly found it funny.

"The Yard Dick just brightens up peoples day, they're just on autopilot driving to work," he wrote on the wiltonwoody posting. "... The D brightens peoples days, especially in this turbulent epoch of pandemic and fire in the streets, months of isolation followed by riots and chaos and racial divide," he told Channel 13 in a June report.

Gagne's court appearance this past week was to deal with both both his workshop code violations and his misdemeanor charge regarding the statue. He was given 30-days to show that he's making progress on his workshop. He was also arraigned on the criminal public display charge, for which he pleaded not guilty, and was ordered to return in a month.

The charge carries a maximum sentence of a year in jail or a $1,000 fine.

In the meantime, the statue is now standing in Gagne's backyard, out of view of the public.

Outside court, Gagne told NewsChannel 13 the only resolution to the criminal case that he'll accept is an adjournment in contemplation of dismissal.

Watch the Channel 13 news report below:

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