The Kansas attorney general’s office announced Tuesday that the state would not to pursue an appeal of a district court's decision that determined a Kansas statute could not be used to limit advertisements for adult businesses along state roads.

The Lion's Den, an adult store located near Abilene, filed a lawsuit against Kansas in June that argued the statute violated First Amendment rights.

The attorney general’s statement points out that similar laws in Missouri, Georgia and South Carolina have also been found unconstitutional.

“Given the state’s budget challenges, it would be fiscally irresponsible to continue litigation that has very little chance of success,” Kansas Attorney General Steve Six said. “This agreement avoids unnecessary litigation costs and prevents taxpayers from being on the hook for the plaintiff’s attorney’s fees.”

The Kansas statute was supposed to go into effect July 1, though because of the district court decision it was never enforced.

The statute would have made it illegal for adult stores to advertise on outdoor billboards within one mile of a state highway. The statute did allow stores to use one sign for advertising that the business is for adults only and one sign identifying the business.

Phillip Cosby, executive director of the Kansas City office of the National Coalition for the Protection of Children and Families, said he thought the attorney general’s decision was unfortunate.

“Courts have upheld for over 35 years that sexually oriented businesses have negative effects on communities, including increased crime — especially sexual crimes — increased sexually transmitted diseases, general blight and property devaluation as well as drug trafficking,” Cosby told Kansas Liberty. “For the elected officials to say that they cannot uphold their first job of public safety, when that is their primary job, is irresponsible.”

Cosby, who was a strong supporter of the initiative while it was in the Kansas Legislature, said he was unsure of whether an appeal would have been successful.

“We cannot afford not to confront this problem,” Cosby said. “If they don’t try, they won’t ever win.”

State Sen. Tim Huelskamp, author of a 2006 law limiting pornography-shop advertising, was also critical of Six's decision.

“While I have long been a vocal defender of free speech rights, I also believe that our families should be free to travel down our highways without fear of exposing their children to suggestive and lurid advertising," Huelskamp said. "As such, I am greatly disappointed that Attorney General Six has chosen not to defend this law — which passed through the entire Legislature with only six dissenting votes.”

Resources
Kansas AG statement
http://www.ksag.org/content/page/id/584

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