Judge Denies Request to Drop Case Against Movie Gallery Clerks

SPARTANBURG, S.C. — Lawyers for two Movie Gallery clerks petitioned a Spartanburg County Court at a preliminary hearing to dismiss felony obscenity charges against their clients, but the court denied the request, ruling that there is sufficient probable cause to convene a grand jury, which will determine whether to indict the clerks.

Both clerks were arrested after officers from the Spartanburg County Sheriff’s Office raided three area video stores and seized several thousand adult videos.

Two clerks from a Priscilla’s adult store also were arrested and are being defended separately. Pick-A-Flick, a general-interest video store with an adults-only section, also was raided, but no employees were arrested.

Beattie Ashmore, an attorney for the clerks, argued that the raid itself should never have taken place because county Solicitor Trey Gowdy admits that he did not watch the videos in their entirety before deeming them obscene and issuing the search warrant that gave deputies the green light to seize the videos.

According to the state’s obscenity laws, a work must be viewed as a whole, similar to the federal Miller test. Gowdy did not return calls from XBiz.

Ashmore also said that the videos at the heart of the case are not obscene by community standards because “people [in the community] are freely and voluntarily renting these videos.”

Assistant Solicitor Robin File argued that Ashmore would have to prove that a majority of Spartanburg County’s 250,000 residents are renting adult videos in order for the videos to be considered within the boundaries of community standards.

The county did have a slight setback when sheriff's investigator Steve Cooper testified that the complaints used as the basis for the search warrant were directed only at Priscilla’s and not Movie Gallery.

However, the court ultimately agreed with File that the case against the clerks is solid enough to convene a grand jury.

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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

LELO Launches 'Masturbitter' Craft Beer to Promote Male Sex Talk

LELO has partnered with Great Beyond Brewing Company to launch Masturbitter, a craft beer, to encourage men to discuss sex.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

Xgen Now Shipping ZOLO's 'Stroke Off' Collection

Xgen Products is now shipping the Stroke Off collection of 11 handheld strokers and four masturbators modeled after lifelike body parts.

Nobü Unveils 'Gyrä' Vibrating Grinding Pad

Nobü has introduced the new Gyrä vibrating grinding pad.

Orion Introduces New 3-Motor Vibrator From 'Sweet Smile' Line

Orion Wholesale has debuted the new three-motor RC G- & P-Spot Vibrator from its Sweet Smile line.

C1R Debuts 'Vers' Suction Dildo, Butt Plug

C1R has introduced its new Vers liquid silicone suction dildo and butt plug.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Blush Erotica, The Kinky Candle Company Partner for Branded Candle

Blush Erotica has partnered with The Kinky Candle Company for an official branded candle.

Show More