First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Federal judge blocks Kan. ban on sexy billboards

The Associated Press
07.01.09

Editor’s note: The Associated Press reported Aug. 13 that the two sides had reached an agreement to settle the lawsuit. Under the settlement, Attorney General Steve Six agrees that the state won’t enforce the law limiting the size and contents of signs within a mile of a highway. In return, lawyers for the Lion’s Den Adult Superstore won’t try to force the state to pay their fees. U.S. District Judge Julie Robinson accepted the agreement on Aug. 12, a day after the parties submitted it to her.

TOPEKA, Kan. — A federal judge has temporarily blocked a state law restricting roadside signs for strip clubs and sex shops, meaning adult stores won’t have to take them down as expected this week.

Meanwhile, the attorney general’s office said it was deciding how to proceed in the case, given U.S. District Judge Julie A. Robinson’s ruling. Ashley Anstaett, a spokeswoman for Attorney General Steve Six, pointed out that nearly identical laws in Georgia, South Carolina and Missouri have been struck down.

“Given those decisions, we are evaluating our options,” Anstaett said.

The Kansas law, enacted in 2006, was scheduled to take effect today. It puts strict limits on signs that are within one mile of a highway and that advertise adult businesses. Such signs can be no larger than 40 square feet and can show only the name, location, phone number and operating hours of such a business.

The Lion’s Den Adult Superstore, located along Interstate 70 in Abilene, sued, saying the law is an improper restraint of commercial free speech under the First Amendment of the Constitution. The store sought to block the state from enforcing the law while the courts consider its lawsuit.

In issuing a preliminary injunction on June 26 in Abilene Retail #30 v. Six, Robinson did not address the law’s constitutionality.

Richard Bryant, the store’s attorney, said the next step would be for the store’s attorneys to meet with the attorney general to decide where to go next.

The judge “has concluded there’s a substantial likelihood of us prevailing. You can’t get much stronger than that,” the Kansas City, Mo., attorney said.

“It would be best to save the taxpayers $100,000 and agree the statute is unconstitutional,” he added.

Lion’s Den argued it needs its three billboards along I-70 in Dickinson, Geary and Russell counties to attract business, much of which comes from passing motorists. It also said the billboards contain no pictures or drawings and advertises only the store’s name, location and logo.

The attorney general’ office argued that because some items sold in the store are considered obscene, and thus illegal under state law, then the signs are promoting illegal activities.

Robinson disagreed.

“Because [the state] acknowledges, as it must, that not all of the products offered for sale at Lion’s Den are illegal, its claim that the advertising necessarily proposes an illegal transmission is misplaced,” Robinson wrote.


Previous
Adult bookstore challenges Kan. ban on sexy billboards
Attorney for Lions Den says law is almost identical to Missouri statute that 8th Circuit ruled unconstitutional in 2006. 04.18.09

Related

Federal court nixes S.C. law restricting adult-business billboards

Judge sides with attorneys for erotic bookstore, who argued statute was 'unconstitutional prior restraint on the dissemination of constitutionally protected expression.' 08.19.09

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, November 20, 2009 | 23:51:27
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links