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

Blush Introduces 'Queens Reign' Vibe Collection at Altitude Intimates

Blush has debuted its Queens Reign vibrator collection at the Altitude Intimates Show in Las Vegas, which runs until Tuesday.

Avery Lust Leads New Scene from Grooby

Avery Lust stars in the latest release from Grooby Girls, titled “In the Wild.”

Avery Lust, Kasey Kei & Nicole Vaunt Headline 'TS Adventures 2' From TransSensual

Avery Lust, Kasey Kei, and Nicole Vaunt topline “TS Adventures 2” from Mile High Media studio imprint TransSensual.

Evil Angel Debuts Sabien DeMonia's 'Polish Fuck Machine'

Evil Angel has released the latest directorial title from reigning Euro XMAs MILF Performer of the Year Sabien DeMonia, “Polish Fuck Machine.”

Orion Debuts New Style From 'Cottelli Party' Line

Orion Wholesale has added a new style from its Cottelli Party line.

Kasey Kei, Emma Rosie Star in Latest From Evil Angel

Kasey Kei and Emma Rosie star in the latest release from Evil Angel, directed by Joey Silvera.

Ana Foxxx Stars in Latest From Raunch

Ana Foxxx stars with former XMAs Male Performer of the Year Isiah Maxwell in the latest release from Adult Time studio brand Raunch.

Gender X Debuts Latest Volume of Jim Powers' 'Trans Honey Trap'

Gender X Films has debuted the fifth volume of director Jim Powers' "Trans Honey Trap" series.

Krystal Sparks, Sugar Milf Front Latest From Pervz

Krystal Sparks and Sugar Milf star with Arin Jones in the latest release from Pervz series PervTherapy.

Melissa Stratton, Indica Flower Front Latest From Reality Kings

Melissa Stratton and Indica Flower star with JMac in the latest release from Reality Kings, titled “Dirty Dish.”

Show More