Obscenity Charges Against Lion’s Den Thrown Out

ABILENE, Kan. — A controversial obscenity case involving one of the nation’s largest adult retail chains may be coming to a close after more than two years. A Kansas judge yesterday dismissed 10 obscenity counts against the Lion’s Den Adult Superstore, saying the state’s obscenity law used to persecute the store is unconstitutional.

The ruling could be a major blow to prosecutors throughout the state, who have made pornography a priority.

The case dates back to April of 2003, when District Attorney Keith Hoffman filed a 29-count indictment against Lion’s Den, claiming the store was illegally promoting obscenity by selling sexual devices. About two-thirds of the charges were dropped after Lion’s Den counter-sued.

The state has been a breeding ground for anti-porn forces, and religious groups — in particular, Citizens for Strengthening Community Values — who have been instrumental in convincing prosecutors to go after the store.

The group’s leader, Phillip Cosby, called out state officials in local newspapers, spearheaded a petition campaign and even recruited like-minded retirees to threaten motorists that they would tattle to their bosses and wives if they stopped at the store.

Hoffman responded by using a city ordinance on adult businesses to file obscenity charges against the store. Lawyers for the chain, which operates more than 25 stores in 13 Midwest states, promptly fired back with their own lawsuit claiming the ordinance was unconstitutional.

Judge Robert Innes this week threw out the state’s case, saying the ordinance is flawed. He pointed to a 1990 case in which the state Supreme Court ruled that state law forbids the legislature from declaring a device obscene solely on the basis that it relates to human sexuality.

The law was later changed to address the court’s decision, but Innes said the language was still overbroad.

Hoffman did not indicate whether planned to appeal the decision, but instead called on lawmakers to revise the state’s obscenity laws, saying prosecution will be difficult until they do.

However, Cosby, whose group is pressuring prosecutors in other Kansas communities to enforce those same laws, downplayed the decision.

“To say this one county judge dealt a fatal blow is quite an exaggeration,” Cosby said. “We’ve been discouraged before. We can’t give up. I’ve learned patience and persistence.”

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

Lily Starfire on Power, Pleasure, and Listening to Her Body

On any given day, you might easily pass Lily Starfire in a park or notice her picking out vegetables at the market, and never guess that she’s one of the adult industry’s rising stars. Not because she doesn’t look the part — she’s radiant — but because there’s zero diva energy here, just a young woman with an easygoing smile, a contagious laugh and a friendly aura that whispers “Georgia roots.”

Destiny James, Breezy Bri Headline 'Lesbian Step-Daughters 8'

Destiny James and Breezy Bri topline “Lesbian Step-Daughters 8” from Girlfriends Films.

Liz Jordan, Sarah Illustrates Star in 3rd Installment of Blacked Feature 'The Blueprint'

Liz Jordan stars with Vixen Media Group exclusives Sarah Illustrates and Jason Luv in the third installment of studio imprint Blacked's new feature, "The Blueprint."

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

TEAs Reveal 2026 Event Dates

The 2026 Trans Erotica Awards (TEAs) and related festivities will take place March 6-8 at Avalon in Hollywood, organizers have announced.

Alex Fine Details Her Journey as Dame CEO, Pleasure Activist

Alex Fine’s venture into the world of sextech began with a master’s degree in clinical psychology from Columbia University. Her original goal was to become a sex therapist, but in 2014, she recognized a much broader opportunity.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Le Wand Introduces 'Dual Stimulation' Vibe Collection

Le Wand has debuted its new Dual Stimulation vibrator line.

Elly Clutch Leads Latest From Brazzers

2024 XMAs Female Clip Creator of the Year Elly Clutch stars with Mick Blue in the latest scene from Brazzers, titled “Co-Anchors With Benefits.”

Show More