U.S. Judge Widens Doors to Porn Prosecution

TOPEKA, Kan. — In a move that could potentially make it easier for local governments to shut down adult retailers with zoning regulations, U.S. District Judge John Lungstrum ruled Thursday that officials in Dickinson County, Kan., had “compelling interest” when they enacted strict zoning laws against adult businesses earlier this year.

The decision effectively throws out a case brought by attorney John Michael Murray for Lion’s Den Adult Superstore, who argued the regulations were unconstitutional.

The case was a follow-up to an obscenity case brought against Lion’s Den, one of the nation’s largest adult retail chains, in September. Murray won that case on that grounds that the state’s obscenity law was unconstitutional, but the same argument failed to carry weight for Judge Lungstrum when it came to location restrictions.

Lungstrum said the ordinance case was a different story because of similar rulings from other cases, rejecting Murray’s claims that the regulations suppressed free expression.

“The ordinance makes some areas available for such stores while preserving the quality of life in the community at large,” Lungstrum wrote in his final ruling.

A county has the right to alleviate itself from the effects adult stores can have, according to Lungstrum, such as lower property values and the controversial notion that adult stores increase crime.

The Dickinson County ordinance prevents sexually oriented businesses from being within 1,200 feet of an interstate and requires them to close between midnight and 6 a.m, but Lion’s Den has operated a store along Interstate 70 east of Abilene since 2003.

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

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

U.S. Solicitor General to Participate in FSC v Paxton

The Supreme Court on Monday granted a motion by the U.S. solicitor general to participate in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law.

Judge Pauses Lawsuit Over Indiana AV Law

A U.S. district court judge has paused a lawsuit over Indiana’s age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

ASACP Urges Compliance With UK Online Safety Act

LOS ANGELES — The Association of Sites Advocating Child Protection (ASACP) has issued a statement advising adult companies to prepare to comply with the age assurance provisions of the U.K.'s Online Safety Act, which go into effect in 2025.

Pornhub Rejects Claim It Plans to 'Avoid' Age Verification in UK

Pornhub parent company Aylo told XBIZ on Monday that a recent report claiming the site will use a “loophole” to sidestep age verification requirements under the U.K.’s Online Safety Act is “misleading,” and that the company will always ensure its sites are compliant.

FSC Sues Tennessee Over AV Law, Seeks Preliminary Injunction

Free Speech Coalition, along with a group of adult industry stakeholders, has filed a legal challenge to Tennessee’s age verification law and requested an expedited preliminary injunction against enforcement.

Satisfyer Helps Dutch Police Dismantle Counterfeit Network

Satisfyer has teamed up with Dutch authorities to help dismantle a counterfeit network that sold fake products online, including items purporting to be the brand's Pro 2 and Penguin vibrators.

Indiana, Ohio AGs File Amicus Brief in Support of Texas AV Law

Indiana Attorney General Todd Rokita, along with Ohio Attorney General Dave Yost and officials from 22 other states, on Friday filed an amicus brief with the United States Supreme Court in support of Texas’ controversial age verification law.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

Show More