Louisiana- The owners of two St. Martin Parish pornography shops could go to trial on obscenity charges in coming months, after the Louisiana Supreme Court refused to hear an appeal from the stores that challenged the constitutionality of the state’s obscenity law.
Le Video Store and The Video Place, both of which rent and sell porngraphic videos in St. Martin Parish, were targeted in a December 2004 sting in which undercover agents allegedly bought pornography. The stores’ owners have been charged with obscenity.
In general, pornographic videos are not considered illegal in Louisiana, but the state obscenity law outlaws sex images that the average person would find appeals to a “prurient interest” in sex and “lacks serious literary, artistic, political or scientific value.”
Chester Cedars, an assistant district attorney for the 16th Judicial District, said Tuesday that he’s pleased with the Supreme Court’s ruling and that the criminal prosecution can go forward.
“(The videos) certainly offend the standards of the community in which these businesses have elected to operate for far too long,” Cedars said.
Last August, Le Video owner Emmette Jacob Jr. launched a First Amendment attack on the state’s obscenity law, arguing it was too broad because it did not define what “community standards” should be applied in determining what is obscene – whether it’s the standards of the city, parish or region.
A district court judge ruled the law passes constitutional muster, and the Third Circuit Court of Appeals upheld that ruling.
Jacob’s attorney, J.D. Odenberger of Chicago, said Tuesday that he had not yet been informed of the state Supreme Court’s decision.
“I should see what they have to say before I make any comment,” Odenberger said.
Odenberger had previously said that he may take the case to the U.S. Supreme Court, if necessary. On Tuesday, Cedars said he wasn’t sure whether he would be willing to put the criminal charges on hold for even longer while the defendants make a federal appeal.
Cedars said no trial date has been set, but he would expect it to begin in about six to seven months. Both stores have remained open while charges are pending.
