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 © 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

Our Erotic Journey Taps Polly Chen for Sales Team

Our Erotic Journey (OEJ) has hired Polly Chen for its U.S. sales team.

Orion Debuts 4 New Styles From Cottelli Lingerie

Orion Wholesale has introduced four new styles from its Cottelli Lingerie line.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

JO Launches Retail Education Program

Pleasure brand JO has rolled out a new in-store education program for retailers.

Blush Debuts Fine Jewelry-Inspired 'Queen's Reign' Collection

Blush has introduced its new Queen's Reign line of five pleasure products, inspired by fine-jewelry designs.

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

XR Brands Debuts 3 New Fantasy-Themed Collections

XR Brands has introduced three new fantasy-themed lines inspired by hentai, kawaii, and K-Pop.

Orion Debuts New Cock Ring From 'Rebel' Line

Orion Wholesale has released a cock ring with a vibrating stimulator from its Rebel collection of men's pleasure products.

Melanie Rose to Exhibit $2M 'Pearl Royale' Vibrator at Sex Expo

Melanie Rose, host of the Netflix series “How to Build a Sex Room,” will showcase the $2 million Pearl Royale vibrator at Sex Expo, taking place Jan. 8-9 at JW Marriott L.A. LIVE.

Show More