Adult Store Lion's Den Prevails in Kan. Billboard Case

TOPEKA, Kan. — The Kansas Attorney General has decided not to appeal a court decision that restored the rights of adult stores to post billboards near Kansas highways.

"Given the state's budget challenges, it would be fiscally irresponsible to continue litigation that has very little chance of success," Attorney General Steve Six said. "This agreement avoids unnecessary litigation costs and prevents taxpayers from being on the hook for the plaintiff's attorney's fees."

The law in question, which prohibited roadside signage for adult stores and strictly defined acceptable size and wording for signs on stores, was enacted in 2006 to take effect July 1, 2009.

Lion's Den sought an injunction against the law, and also sued the Attorney General, saying the law is an improper restraint of commercial free speech under the 1st Amendment.

The Kansas statute was substantively identical to a Missouri statute that had been deemed constitutional by federal court, but on appeal, the 8th U.S Circuit Court of Appeals reversed the lower court's ruling and held that the Missouri statute is unconstitutional.