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

Hime Marie Makes Her MILFY Debut

Hime Marie has made her debut for Vixen Media Group studio imprint Blacked alongside Damion Dayski, directed by W.C. Walker.

Fleshlight, Penthouse Parntner for New 'Pet' Collection

Fleshlight has partnered with Penthouse to release a collection of strokers based on the anatomy of 12 Penthouse Pets.

Silvia Saige. Leana Lovings Star in Latest From Bellesa Plus

Silvia Saige and Leana Lovings star with Nathan Bronson in the latest release from Bellesa Plus, titled "Under Her Influence."

Blake Lovely, Esme Rogue Star in Latest From TGirls.porn

Blake Lovely and Esme Rogue star in the latest release from Grooby paysite TGirls.Porn, titled "The Great Outdoors."

Svakom, Kaotik Labs Return as Presenting Sponsor of XBIZ Awards, Pleasure and Retail Edition

The pleasure industry’s biggest night is set to shine even brighter as Svakom and sister brand Kaotik Labs return as presenting sponsors of the 2027 XBIZ Awards, Pleasure & Retail Edition, taking place at Avalon Hollywood on Jan. 9.

Electric Novelties Debuts 20 New 'Blue Line' Chastity Styles

Electric Novelties has introduced 20 new Blue Line chastity styles.

Private Drops Latest Volume of 'Flight Attendants Fuck Better'

Private has released the second volume of "Flight Attendants Fuck Better," directed by Xavi Rocka.

Erika Lust Talks Parenting, Personal Growth and the Power of Porn at LA Book Launch

Acclaimed director and producer Erika Lust, founder of the Barcelona-based studio that bears her name, brought her new book “Lust: Pleasure, Performance, Power” to a packed Dynasty Typewriter theater in Los Angeles Tuesday night for a spirited reading.

Jesse Pony, Alexa Chains Headline Latest 'Hookup Hotshot: Internet Sex Addicts'

Jesse Pony and Alexa Chains topline the 13th volume of director Ryan Gozzling's "Hookup Hotshot: Internet Sex Addicts" for Evil Angel.

Codi Vore, Lani Rivers Star in Latest From Brazzers

Codi Vore and Lani Rivers star with Van Wylde in the latest release from Brazzers, titled "The Bar With the Best Rep."

Show More