TOPEKA, KS — Love them or hate them – and most people hate them – billboards are an ugly reality for most of the country, especially along its various high traffic freeways. Greasy food, religion, computers, automobiles, cologne, motion pictures and radio shows are only some of the entirely legal items advertised on billboards. But adult businesses? Not if Kansas legislators have their way.Although the Highway Beautification Act was signed into national law in 1964 thanks to the efforts of First Lady, Lady Bird Johnson, greatly reduced the number of freeway billboards allowed, many still consider them to be a form of aggressive visual pollution. As is so often the case, some visual pollution is believed to be worse than others – and sex always seems to be deemed the most visually harmful.

The Lion’s Den has been alerting interstate travelers to its Abilene shop location for years. Nothing saucy. No naked girls. Not even any nearly naked girls; just some words and an address.

Nonetheless, some lawmakers consider any notice that an adult entertainment business exists to be too much notice. Thus a new Kansas law which will result in all billboards promoting such businesses along a state highway or interstate being brought down by no later than July 1st.

According to Sabrina Breeden, the store manager for the Lion’s Den’s Abilene location, billboards are responsible for a number of visits to the shop by those passing through town. Practical reasons aside, the shop’s attorney’s argued this past Thursday before the U.S. 10th District Court that the state’s new billboard law not only will damage business during bad economic times but will also violate free speech rights.

“These billboards are very important,” Breeden informed the court. “We rely a lot on the interstate travelers and otherwise we have no way to reach potential customers.”

The Wichita Eagle indicates that such arguments left state attorney general’s office representative Terrence Campbell unmoved. As far as Campbell is concerned, the products sold at The Lion’s Den are probably illegal anyway, so the company has no right to advertise its services, especially not in a high traffic area like a highway or interstate.

Campbell has urged the court to deny Lion’s Den’s request to allow its billboards to remain standing until a final court decision on the matter.

Breeden insists that the items sold within the Lion’s Den are “used to enhance a healthy interest in sex,” but Campbell contends that they are marketed specifically to “emphasize their prurient appeal,” which means they are likely to be considered obscene and therefore illegal.

If enacted, the new law would allow adult entertainment shops to employ only two signs to alert potential customers to their existence, none of them along a state highway or interstate. The signs would only be allowed on the business’ property and would have further limits and requirements for content, location and size.

Signs currently located along I-70 read “Lion’s Den, Adult Superstore, Exit 272,” which defense attorney John Murray considers to be “pure speech and nothing more.”

The business contends the law, passed in 2006, violates the First Amendment, and that the billboards should stay up while a court case progresses, attorney John Murray said in court. Murray also pointed out for the court that an identical Missouri law has been deemed unconstitutional by a district court.

Judge Julie Robinson has promised a written decision but not set a day for its release.