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

Lady Dee Stars in Latest From Immoral

Lady Dee stars with Paul Stalker and Charlie Dean in a new three-part release from Immoral Productions.

Adult Time Drops 'Busting Porn Myths Vol. 1' Informational Video

Adult Time has released the first volume of its new Performer Center series, “Busting Porn Myths.”

Octavia Red Stars in Final Episode of Bree Mills' 'Escape From Camp Conversion' From Adult Time

Octavia Red stars in the final episode of the Bree Mills-helmed thriller "Escape From Camp Conversion," from Adult Time studio brand Girlcore.

Octokuro Makes Her Vampired Debut

Octokuro has made her Vampired debut alongside Sata Jones in “Vampirella Unleashed.”

The Cowgirl Debuts 'Saddle' Sex Machine

Cowgirl has introduced its new Saddle sex machine with attachments.

XR Brands Debuts 'Jock Enhancers' Collection

XR Brands has introduced its new Jock Enhancers line.

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Natalia Starr Stars in Latest From New Sensations

Natalia Starr stars with Danny Mountain in the latest release from New Sensations.

Sabien DeMonia Drops Latest Evil Angel Directorial 'Depravation of Innocence'

Sabien DeMonia has dropped her latest directorial effort for Evil Angel, “Depravation of Innocence.”

Show More