OVERLAND PARK, MO -- In a move that likely only surprised those who see “obscenity” everywhere they turn, recent grand jury indictments against the Spirit Halloween store in Overland Park, MO have been dismissed.
Originally accused of “promoting obscenity” by placing sexy costumes in areas where minors might catch a glimpse, the four counts were removed today by the Johnson County District Court before the company’s attorneys were even scheduled to appear.
Defense attorney Tyler Garretson told the Kansas City Star that the district attorney’s office had signed the dismissal order, making the September 26th indictments a non-issue for the Spencer Corp. owned company.
According to Garretson, “When we got a copy of the indictment, we were as surprised as anyone. So, we immediately took our own steps… and removed the costumes that were complained of and put them in a separated back portion of the store.”
Whether or not the items are actually obscene and a danger to children may never be determined – nor why a simple request to relocate the costumes was ignored in favor of an expensive grand jury decision, but Garretson stated that “We’ve kind of corrected whatever the perceived problem was through our own actions and once we were able to demonstrate that to the district attorney’s office, they agreed to dismiss the indictment against us.”
A citizen’s petition conducted last year is responsible for the convening of a rare grand jury in mid-July. It disbanded on October 2nd after completing its requested work and handing down a number of indictments, only a few of which related to obscenity. Still facing charges are Priscilla’s in Olathe, and Hollywood at Home in Overland Park. Both are accused of selling obscene videos, including those featuring legal teens and sex toys.
Darklady is Editor at YNOT and has more than a decade of experience covering the adult entertainment industry, internet technology, and alternative sexuality beats online, in print, and via traditional and web radio.
... But it cannot be the duty, because it is not the right, of the state to protect the public against false doctrine.
The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech, and religion.
In this field every person must be his own watchman for truth, because the forefathers did not trust any government to separate the true from the false for us. ...
Mr. Justice JACKSON, concurring
U.S. Supreme Court
THOMAS v. COLLINS, 323 U.S. 516 (1945)
