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.