Plaintiff Seeks Dismissal of Louisiana Charge

ST. MARTIN PARISH, La. – Owners of two Louisiana video stores are hoping that community standards definitions will be deemed too broad so that obscenity charges against them will be dismissed.

Chicago lawyer J.D. Obenberger, counsel for Le Video Store owner Emmette Jacob, has filed a motion to dismiss charges against his client on the grounds that Louisiana communities, arranged in parishes, have not defined their standards. What’s more, he said, it is unclear to which community’s standard Jacob’s actions should be held. “Is it the whole state of Louisiana, or is it Acadiana, or is it just St. Martin Parish, or St. Martin Parish and Iberia Parish?” Obenberger asked.

Jacob and another video store owner, Edward Burleigh, were formally charged with obscenity in December when their employees agreed to testify against them to avoid jail time. Only Jacob has appealed the ruling, with Burleigh hoping a successful appeal would similarly lead to dismissal of charges against him.

American Civil Liberties Union of Louisiana director Joe Cook said he believes that the state's obscenity law is ready for a challenge. “I think the statute is suspect,” he said.

Applying what is known as the LAPS test for obscenity, Obenberger’s dismissal motion refers to a definition of obscenity as anything that the "average person, applying contemporary community standards," would find appeals to a base interest and has no literary, artistic, political or scientific value, granting that the community in question must be properly defined.

Le Video Store and Burleigh’s Video Place have been open since the early 1980s. Following a sting operation last summer in which employees of both stores sold or rented pornographic tapes or DVDs to minors, including one film St. Martin Parish prosecutor Chester Cedars described as “a woman having sex with a horse,” the charges against both stores elevated from the specific to the general.

Illegal sales, taken individually, carried a lesser charge and fine scenario. A finding of illegal obscenity could close the stores.

Lafayette attorney William Goode, Jacob’s other lawyer, does not take issue with the original charge of illegal sale but with obscenity. “It’s a First Amendment freedom-of-speech issue, which is very important to all of us,” he said. “When you start limiting what people can look at and what people can say, it becomes a slippery slope. The First Amendment is not the First Amendment by accident.”

Jacob’s and Burleigh’s stores are not the only ones in the Lafayette/St. Martin Parish area to face obscenity charges. Ryan Hargroder of Lafayette’s The Bad Kitty had his store shut down and his tapes and DVDs confiscated by the District Attorney’s office.

“If you can make the movies under the First Amendment, you should be able to sell the movies under the First Amendment,” Hargroder said.

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

Emma Rosie, Girthmasterr Front Latest From Brazzers

Emma Rosie stars with Brazzers exclusive Girthmasterr in the studio’s latest release, titled "Emma Wants to Meet the Masterr."

Lilly Bell Stars in New Sci-Fi Feature 'Prompt'

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars in the new sci-fi feature “Prompt,” from Full Moon Features.

Miss Raquel Stars in Latest From MYLF

Miss Raquel stars with Nicky Rebel in the latest release from MYLF.

FSC 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Angel Youngs, Jason Luv Lead Latest From Blacked

Angel Youngs and Jason Luv star in the latest scene from Vixen Media Group studio imprint Blacked.

Orion Debuts 'Vibrating Anal Beads' From 'Anos' Line

Orion Wholesale has introduced the Flexible Anal Beads with Jumping Vibrations from its Anos line.

Madison Ivy Stars in Latest From Ricky's Room

Madison Ivy stars with studio honcho Ricky Johnson in the latest release from Ricky's Room.

Briseida Myers Makes Her Immoral Debut

Briseida Myers has made her debut for Immoral Productions, alongside Charlie Dean, Matt Bird, and studio honcho “Porno Dan” Leal.

Sabien DeMonia Stars in New Threesome Scene From EnjoyX

2025 Euro XMAs MILF Performer of the Year Sabien DeMonia stars alongside Jesus Reyes and Little Maly in the latest scene from EnjoyX.

Liberator Names Lindsay Hargis Manager of Affiliate, Influencer and Strategic Partnerships

Liberator has appointed Lindsay Hargis as its new manager of affiliate, influencer and strategic partnerships.

Show More