Kansas City Grand Jury Indicts 2 Adult Shops for Obscenity

KANSAS CITY, Kansas — Two adult shops were indicted for promoting obscenity, the first result of a local conservative group's petition for grand jury investigations of 32 adult businesses in six counties.

M&M Inc. was charged with one misdemeanor count of promoting obscenity and the Smoke Easy Cigarette Outlet was charged with two misdemeanor counts of promoting obscenity as well as a felony and misdemeanor count of possessing drug paraphernalia with intent to deliver.

The National Coalition for the Protection of Children & Families began in mid-May sending petitions for grand jury investigations to rid the area of adult entertainment. Its efforts also could set the local standard for what material is and is not obscene.

The businesses targeted in the Wyandotte County investigation were not among the 32 shops petitioned.

Several other grand juries convened in three other counties have yet to hand out indictments.

First amendment lawyer Lawrence Walters told XBIZ that though the grand jury's determination alone does not mean much legally, he said, the government could use it in future obscenity hearings — taking the heat off of itself and arguing that it was community members who decided the material was obscene, not the government.

"Like the old saying goes," Walters said, "You can get a grand jury to indict a ham sandwich. Grand juries typically indict whatever the prosecution tells them to indict because there is no other side presented."

In order for grand jury members to determine that the adult material in question is in fact obscene, they must be shown "the entire work" — requiring them to view adult movies and examine adult novelties.

Walters said the grand juries' focus will be on whether the materials meet the threshold for obscenity — whether the materials depict or describe sexual activity — and there is little adult material that would be excluded from that classification.

"If [prosecutors] are bringing these [materials] to a grand jury," Walters said, "then they are almost certainly going to be indicted. There are going to be trials, there are going to be cases, and whoever is the target of the grand jury hearings needs to be prepared for a battle."

M&M Inc. and the Smoke Easy Cigarette Outlet are scheduled to appear in court Sept. 14 for a pretrial conference.

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

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.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Show More