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

Gal Ritchie, Rissa May Lead Latest From Bellesa Plus

Gal Ritchie and Rissa May star in the new release from Bellesa Plus, titled “Double-Booked.”

Adam & Eve Reveals Results of 'Masturbation' Survey

Adam & Eve has released the results of a survey asking respondents how they prefer to masturbate.

Ivy Ireland Toplines Vince Karter's 'Back to Dark'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Back to Dark.”

Jazmin Black Performs 1st All-Girl Scene in Her Girlsway Debut

Jazmin Black performs her first all-girl scene in her Girlsway debut, alongside Ella Reese and Jewelz Blu, in the studio’s latest release, “Throuple’s Counseling.”

Orion Debuts 'V-Stroker' Collection From Rebel Line

Orion Wholesale has introduced the new V-Stroker collection from its Rebel line.

Richard Mann Drops New Evil Angel Scene With Daisy Stone, Alexis James

Daisy Stone and Alexis James star in an Evil Angel scene alongside director/performer Richard Mann.

Abella Danger Serves Glamour and Gab at Live 'Danger She Spoke' Premiere

Multi-XMA-winning performer Abella Danger slipped into a sexy new role Thursday night, making her talk show host debut with "The Abella Show: Danger She Spoke," a new show and podcast featuring revealing conversations with fellow performers and industry personalities.

New 'PROTECT Act' Would Make North Carolina Rules for Adult Sites Federal Law

Senator Mike Lee of Utah on Thursday introduced legislation that would impose strict new federal rules on adult sites and platforms, strongly echoing similar regulations imposed last year in North Carolina.

Meddle Blooms Fronts Latest From Grooby VR

Meddle Blooms stars in the latest release from Grooby VR, titled "How Do I Look?"

Claudia Ross Wraps Production on Elegant Angel Feature 'Octavia Loves Girls'

Elegant Angel has announced that production has wrapped on the all-girl feature, "Octavia Loves Girls," directed by Claudia Ross.

Show More