KENNEDALE, TX – Five employees at adult video and novelty stores were arrested last week, accused of obscenity and selling pornography and sexual aids, with a sixth worker expected to turn herself in, police said.
The arrests are the latest strike in the city’s battle to drive off the sexually oriented businesses, which are at the intersection of Interstate 20 and Business U.S. 287, the most visible entrance to the city.
“Hopefully, this will serve notice,” police Capt. Bob Wilbanks said. “We’re not going to let up in our efforts to enforce the law.”
Police began investigating about a month ago after citizens complained to police and City Council.
Undercover officers bought various materials from four of Kennedale’s adult video and novelty stores and presented them to a state district judge, who found probable cause that the items violated state obscenity laws, Wilbanks said.
The names of the six workers were not availabl. They were employees of Crystal’s, Dreamer’s Video, XXX Superstore Video and The Log Cabin, police said.
Mike Wayre, attorney for one of the arrested employees of Dreamer’s, said his client made bail.
“The store is staying open, and we’re going to deal with these criminal allegations,” Wayre said. “It’s business as usual.”
Kennedale Mayor Jim Norwood and other city officials have said that removing the sexually oriented businesses would improve the city’s image and increase economic development.
In December, police arrested 10 people on obscenity charges after undercover officers said they saw male customers having sex with each other at a video store and exotic dancers performing sex acts on themselves at a club that is now closed.
Norwood, a minister, was elected in May after he promised to try and force adult businesses to leave the intersection of I-20 and Business 287.
“Legally, there are only certain things we can do,” Norwood said. “The judge is the one that made the determination that some of these products were obscene.
“The goal is to make sure that all businesses, no matter what kind they are, abide by the law. They violated the law, and they will have to pay the consequences.”
Obscenity is a Class “A” misdemeanor that can carry a penalty of up to a year in jail and a $4,000 fine.
Texas state law defines obscenity as selling material that the average person would find especially sexually provocative.
James Wilson, the district court judge who found probable cause that the material was obscene, could not be reached to comment.
Wilbanks said the judge’s standard for obscenity were videos that showed sexual intercourse, and sexual aids that were more graphic than some of the others he was shown.
Wilbanks also said he believes that the obscenity law would allow police to arrest the owners and managers of the sexually oriented businesses. He did not say whether police planned further arrests.
L.E. “Cowboy” Schilling, a Fort Worth attorney representing the other Dreamer’s employee who was arrested, said his client is “a single mother trying to make ends meet” with no criminal record.
“I don’t know what brought this on,” Schilling said. “I don’t know why they did what they did, out of the blue like that.”
Schilling, a former Fort Worth police vice officer, said the First Amendment should override a community decency standard.
“I hate to inform the city of Kennedale, but they are part of the United States,” Schilling said. “The Constitution applies out there in Kennedale.”
Police are expected to present the cases to the Tarrant County district attorney’s office this week, and prosecutors will decide whether to file charges.