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

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

Connie Perignon Fronts Latest From Brazzers

Connie Perignon stars with Abigaiil Morris and Kira Noir in the latest release from Brazzers, titled "Fast Food Fight & Fuck."

'Group C' to Debut 'Woodman Casting X' Board Game

Gaming company Group C will debut its new industry-themed board game, “Woodman Casting X — The Game,” later this year.

Bella Bare Makes Her WIFEY Debut

Bella Bare stars with her husband The Remedy, Chocolate Rod, and Richard Mann in the latest release from Vixen Media Group studio imprint WIFEY.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

Mandii Rose Makes Her MYLF Debut

Mandii Rose has made her MYLF debut alongside Axel Haze in the studio’s latest release.

Bobbii Rose Makes Her TransAngels Debut

Bobbii Rose has made her TransAngels debut opposite Chad Dorado in the studio’s latest release, titled “Furry Fantasy.”

Greta Foss, Sofia Smith Topline Angelo Godshack's 'Angels of Hardcore 4'

Greta Foss and Sofia Smith headline director Angelo Godshack’s “Angels of Hardcore 4,” from Evil Angel.

Hankey's Toys Unveils 'Peak' Prostate Dildo

Mr. Hankey's Toys has debuted the Peak, its new P-spot-targeting prostate dildo.

Cubbi Thompson Stars in Latest From Digital Playground

Newly crowned XMAs Best New Performer Cubbi Thompson stars with Mike Ox in the latest release from Digital Playground, titled "Yes, Chef!"

Show More