Kan. Defends Adult Business Sign Ban

WICHITA, Kan. — Facing a federal lawsuit against a state law restricting billboards for adult businesses, lawyers representing Kansas Attorney General Stephen Six argued Monday that the law does not violate the 1st Amendment.

The lawsuit was filed by the parent company of the Lions Den Adult Superstore in Abilene, Kan. It seeks a temporary order to prevent the state from enforcing the statute, which prevents adult businesses from having any outdoor advertising within a mile of a state highway starting July 1.

Attorney General Six is represented by independent counsel because he was named in the lawsuit in his official capacity.

The statute allows two onsite signs for businesses that are within a mile of a state highway. One may give the shop's name, address, phone number, operating hours and a statement, and also can be no larger than 40 square feet. A second sign stating that minors are not allowed also is permitted.

Violation of the statute is a misdemeanor, punishable by up to a month in county jail and a fine of up to $500.

The suit claims that the law violates 1st Amendment guarantees of free speech and 14th Amendment guarantees of due process, and notes that similar state statutes already have been struck down in Missouri, Georgia and South Carolina.

Attorneys for the state argued in court papers filed on Monday that the billboards aren't protected by the 1st Amendment because they don't concern lawful activity. The filing did not elaborate, and a spokeswoman declined to comment further to reporters, citing pending litigation.

Lions Den attorney Richard Bryant did not immediately return a call from XBIZ.

A hearing on the preliminary injunction is set for June 4 in Topeka, Kan.

Related:  

Copyright © 2024 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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Neon Coyotes Releases 'Day Collection'

Neon Coyotes has debuted its latest drop of BDSM wear, the Day Collection.

Ashley Manta Appointed Sexual Wellness Curator at Bspoke

2020 XBIZ Sexpert of the Year Ashley Manta has been appointed a curator of sexual wellness brands and events at Bspoke.

Show More