Wichita, Kansas- It's been more than two years since the first of more than a dozen local obscenity cases went to a grand jury for indictment -- and still trial has yet to start for any of them.
In 2005, a citizen group called Operation Southwind began a crack down of adult novelty shops in Wichita. Their work lead to misdemeanor obscenity charges for a number of businesses.
Last Wednesday, lawyers met to review a number a motions filed in the case, including several to dismiss charges entirely. It's the most legal action the case has seen since the 2005 indictment.
Defense attorneys say the laws defining what's obscene in Kansas are vague and unconstitutional, as applied in this case. Still, a judge has agreed to let the case proceed to trial.
Defense attorneys also would like a jury of 12 people. But under state law, misdemeanor cases need only be tried in front of a 6-person jury. The defense says it will appeal this law to the Kansas Supreme Court, which could push any possible trial date back even further.
Obscenity cases are considered fairly rare. They are most often tried by a "community standard," meaning something is only obscene if a jury finds it offensive. Just as opinions on the subject vary, so does the standard.
Both prosecutors and the defense say it will be interesting to see how this case plays out in the end.
