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

COTR Acquires Le Wand, b-Vibe and The Cowgirl Trademarks

COTR, Inc. has acquired trademark ownership of its flagship brands, Le Wand, b-Vibe, and The Cowgirl.

Kheper Releases Flavored Penis and Pussy Suckers

Kheper Games has debuted its new All Dicks Penis Suckers and All Chicks Pussy Suckers.

Amalia Davis, Leya Desantis Star in Latest From SexArt

Amalia Davis and Leya Desantis star in the latest release from MetArt studio brand SexArt, titled "My Treasure."

Magic Silk Expands 'Love' Line

Magic Silk has introduced six new styles from its Love line of lingerie.

XBIZ Virtual Pleasure Products Trade Show Set for July 28-30

To facilitate global business between brands and buyers without the need for travel, XBIZ is pleased to reintroduce a virtual edition of its pleasure products events, set for July 28-30.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released two new styles from its Svenjoyment undergarment line.

Jewelz Blu Stars in Latest Gangbang From Ricky's Room

Jewelz Blu stars in a new gangbang scene from Ricky's Room, titled “Every Hole Is The Goal.”

Alexis Fawx, Armani Black Make Their Bellesa Plus Debuts

Armani Black and multi-XMAs winner Alexis Fawx have made their Bellesa Plus debuts alongside John Legendary in the latest episode of the studio’s “Blind Date” series.

Blush, 'Drag House Rules' Partner for Pride Month

Blush has been named an official challenge sponsor for OUTtv’s “Drag House Rules” during Pride Month.

DomCon LA Cracks the Whip on Community and Kink Education

As DomCon attendees packed up their paddles and checked out of the LAX Hilton following a long weekend of play parties, classes, and high-impact reunions with old friends, it was easy to tell who was there for the 23rd year of LA’s premier BDSM gathering and who was a business traveler from Cleveland who happened to be in the weird place at the right time.

Show More