From www.kansasliberty.com- The Kansas attorney general’s office [Stephen Six-pictured] responded yesterday to a federal lawsuit filed on behalf of an adult superstore located in Abilene.

Attorneys for the Lions Den Adult Superstore are arguing that a Kansas statute that would limit adult stores’ ability to advertise on outdoor billboards within one mile of a state highway is unconstitutional because it violates the right of free speech.

The statute still permits adult stores to advertise with one sign indicating that the business is off limits to minors and one sign identifying the business.

The legislation that created the statute passed the Kansas Legislature in 2006; however, a three-year grace period was included in the statute so that businesses would have the opportunity to comply with the law.

The statute is set to become law July 1, thus making the billboard signage advertising the Lions Den along Interstate 70 illegal.

Sen. Tim Huelskamp, R-Fowler, sponsored the legislation, which passed with bipartisan support.

“I have two young children, and I think Kansans deserve the ability to ride down a highway without being subjected to graphic displays,” Huelskamp told Kansas Liberty.

Huelskamp said he was unsure of how the case would turn out.

“We have seen various interpretations from the courts, but what is clear is that the state can take into account these negative secondary impacts of these businesses, including an increase in sexually violent crimes,” he said.

In their response to the case, the attorney general’s office made the argument that the Kansas statute does not violate the First Amendment because the statute “directly advances the substantial governmental interests” and because the statute is “not more extensive than necessary to achieve those ends.”

A preliminary hearing will take place June 4 at 1:30 p.m. in Topeka before District Judge Julie Robinson.

Richard Bryant, a Kansas City attorney representing the adult superstore, did not return Kansas Liberty’s request for comment Tuesday.

Phillip Cosby, executive director of the Kansas City office of the National Coalition for the Protection of Children and Families, was instrumental in promoting the statute, as well as other similar pieces of legislation.

“I am very encouraged they are defending the statute,” Cosby told Kansas Liberty. “The courts have consistently ruled that these sexually oriented businesses have a negative impact on communities.”

Cosby said increased drug trafficking, prostitution and general blight were common effects of these types of businesses existing within communities. Cosby also pushed for another related bill, the Community Defense Act, to gain support in the Kansas Legislature.

House Bill 2144 would regulate the sex industry on a statewide basis by establishing limits on where the sexually oriented businesses could be located in regard to elementary and secondary schools, as well as churches, libraries and parks. The legislation would also regulate how these businesses could operate, including when they could be open, and what type of activities would be permitted on the premises.

Although the legislation did pass out of the Judiciary Committee in February, it did not receive action on the House floor, though Cosby said he was confident that it would be brought up next year.

“Quite frankly many legislators don’t understand the constitutional regulation of sexually oriented business so there was this learning deficit, and there is an education on that issue that had to happen first,” Cosby said. “But this has some real teeth in it, and will be something to watch for next year.”