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 © 2026 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

Connie Perignon Returns to Bang Bros

Connie Perignon has made her return to Bang Bros alongside Johnny Love in "Connie Breaks Her Roommate's Celibate Streak."

Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

Magic Silk Debuts 'Rush' Collection

Magic Silk has introduced its new Rush line of lingerie.

Playharda Introduces 'AquaPulse Trio' Shower Massager

Playharda Wholesale has debuted the AquaPulse Trio shower massager with interchangeable heads.

Sportsheets Releases New Training Video for 'Shadow' Collection

Sportsheets has released its latest training video, hosted by Brand Ambassador Rin Musick, featuring the Sex & Mischief line’s Shadow Collection.

Octavia Red, Haley Reed Topline 'My Girlfriend's Sister' From Sweet Sinner

Reigning XMAs Girl/Girl Performer of the Year Octavia Red and Haley Reed headline “My Girlfriend’s Sister,” from Mile High Media studio imprint Sweet Sinner.

Orion Debuts 'Ultimate Sex Stool' From 'The Banger' Line

Orion Wholesale has introduced the new Ultimate Sex Stool from its Banger line.

Penelope Snaps, Tiffani Time Topline Latest 'Bad Lesbian'

Penelope Snaps and Tiffani Time headline the 22nd volume of "Bad Lesbian," the latest release from Girlfriends Films.

Kasey Kei Stars in Latest From Transfixed

Kasey Kei stars with Reese Rideout and reigning two-time XMAs Trans Performer of the Year Ariel Demure in the latest release from Transfixed.

Sarah Arabic Fronts 2nd Installment of Digital Playground Western 'The Drifter'

Sarah Arabic stars with multi-XMAs winner Alex Jones in the second installment of Digital Playground’s two-part Western, titled “The Drifter.”

Show More