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 © 2025 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

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

B-Vibe Spotlighted in Glamour Magazine

B-Vibe has been named Best for Anal Toys in a Glamour Magazine article on pleasure brands.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Williams Trading, ANME Founders Partner for Livestream Event

Williams Trading has partnered with CalExotics, Doc Johnson, and Nasstoys to host a virtual trade show July 14-15 during ANME.

Eldorado Names Sandy Nuyt Sales Director

Eldorado Trading has appointed Sandy Nuyt as its new sales director.

Orion Debuts 'Glans Masturbation Cup Trainer' From Rebel Line

Orion Wholesale has released the Glans Masturbation Cup Trainer from its Rebel collection.

ProDx Health Introduces 'Assured MoFi ID' Testing Program

ProDx Health has introduced its new Assured MoFi ID Program for testing.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Eye of Love Expands 'Bloom' Collection

Eye of Love has introduced two new perfume oils from its Bloom collection.

Nobü Adds to 'Essentials' Collection

Nobü is expanding its Essentials collection with three new pleasure products.

Show More