Obscenity Charges Against Lion’s Den Thrown Out

ABILENE, Kan. — A controversial obscenity case involving one of the nation’s largest adult retail chains may be coming to a close after more than two years. A Kansas judge yesterday dismissed 10 obscenity counts against the Lion’s Den Adult Superstore, saying the state’s obscenity law used to persecute the store is unconstitutional.

The ruling could be a major blow to prosecutors throughout the state, who have made pornography a priority.

The case dates back to April of 2003, when District Attorney Keith Hoffman filed a 29-count indictment against Lion’s Den, claiming the store was illegally promoting obscenity by selling sexual devices. About two-thirds of the charges were dropped after Lion’s Den counter-sued.

The state has been a breeding ground for anti-porn forces, and religious groups — in particular, Citizens for Strengthening Community Values — who have been instrumental in convincing prosecutors to go after the store.

The group’s leader, Phillip Cosby, called out state officials in local newspapers, spearheaded a petition campaign and even recruited like-minded retirees to threaten motorists that they would tattle to their bosses and wives if they stopped at the store.

Hoffman responded by using a city ordinance on adult businesses to file obscenity charges against the store. Lawyers for the chain, which operates more than 25 stores in 13 Midwest states, promptly fired back with their own lawsuit claiming the ordinance was unconstitutional.

Judge Robert Innes this week threw out the state’s case, saying the ordinance is flawed. He pointed to a 1990 case in which the state Supreme Court ruled that state law forbids the legislature from declaring a device obscene solely on the basis that it relates to human sexuality.

The law was later changed to address the court’s decision, but Innes said the language was still overbroad.

Hoffman did not indicate whether planned to appeal the decision, but instead called on lawmakers to revise the state’s obscenity laws, saying prosecution will be difficult until they do.

However, Cosby, whose group is pressuring prosecutors in other Kansas communities to enforce those same laws, downplayed the decision.

“To say this one county judge dealt a fatal blow is quite an exaggeration,” Cosby said. “We’ve been discouraged before. We can’t give up. I’ve learned patience and persistence.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Lovehoney Group Resolves Patent Disputes With Maia Toys, CalExotics, Doc Johnson

Lovehoney Group announced in a statement that it has settled patent disputes with Maia Toys, CalExotics and Doc Johnson Enterprises regarding products protected by the company’s intellectual property rights.

Mia Macana Makes Her Adult Time Debut

Mia Macana has made her Adult Time debut alongside Cami Strella in the latest scene from studio imprint Transfixed, titled “Tonight's Not A Total Bust...”

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

Lovense Debuts Upgraded 'Gush 2' Motion Sensing Masturbator

Lovense has introduced an updated version of its Gush 2 male masturbator, which now includes motion-sensing control capability.

Sophia Locke, Lexi Luna Lead Finale of 'MILF Performers of the Year 2026'

Reigning XMAs MILF Performer of the Year Sophia Lock stars with Lexi Luna and Isiah Maxwell in the final installment of Elegant Angel’s latest release, "MILF Performers of the Year 2026."

Orgie Introduces New Wellness Products

Orgie has debuted three new wellness products.

Krystal Sparks Fronts Latest Reality Junkies

Krystal Sparks stars with Jay Smooth in the latest scene from Mile High Media studio imprint Reality Junkies.

Yhivi, Lulu Chu Star in Latest From Brazzers

Yhivi stars with Lulu Chu in the studio's latest release, titled “Splish Splash Squirt.”

Octavia Red, Little Puck Lead Latest From Girlsway

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Little Puck in the latest release from Girlsway, titled “How’s the View?”

Show More