Judge Denies Request to Drop Case Against Movie Gallery Clerks

SPARTANBURG, S.C. — Lawyers for two Movie Gallery clerks petitioned a Spartanburg County Court at a preliminary hearing to dismiss felony obscenity charges against their clients, but the court denied the request, ruling that there is sufficient probable cause to convene a grand jury, which will determine whether to indict the clerks.

Both clerks were arrested after officers from the Spartanburg County Sheriff’s Office raided three area video stores and seized several thousand adult videos.

Two clerks from a Priscilla’s adult store also were arrested and are being defended separately. Pick-A-Flick, a general-interest video store with an adults-only section, also was raided, but no employees were arrested.

Beattie Ashmore, an attorney for the clerks, argued that the raid itself should never have taken place because county Solicitor Trey Gowdy admits that he did not watch the videos in their entirety before deeming them obscene and issuing the search warrant that gave deputies the green light to seize the videos.

According to the state’s obscenity laws, a work must be viewed as a whole, similar to the federal Miller test. Gowdy did not return calls from XBiz.

Ashmore also said that the videos at the heart of the case are not obscene by community standards because “people [in the community] are freely and voluntarily renting these videos.”

Assistant Solicitor Robin File argued that Ashmore would have to prove that a majority of Spartanburg County’s 250,000 residents are renting adult videos in order for the videos to be considered within the boundaries of community standards.

The county did have a slight setback when sheriff's investigator Steve Cooper testified that the complaints used as the basis for the search warrant were directed only at Priscilla’s and not Movie Gallery.

However, the court ultimately agreed with File that the case against the clerks is solid enough to convene a grand jury.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Eldorado to Host Bonus 'Virtual Elevation' Webinar With Nu Sensuelle

Eldorado Trading will host a second, "bonus" September "Virtual Elevation" live private webinar for retailers with Nu Sensuelle Director of Sales Conde Aumann on Sept. 24 at 10 a.m. PDT.

Magic Silk, Maia Partner for RC Panty Vibe

Magic Silk's Exposed line has partnered with Maia Novelties to release the Date Night Remote Control Panty Vibe.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Fort Troff Launches 'Toy' Blog Magazine

Fort Troff has debuted a new blog-style magazine, Toy, with real-life husbands Beau and Nick Butler as the premiere-issue cover models.

Honey's Place Now Distributing Xgen's 'Lapdance Lingerie' Line

Honey’s Place is now distributing Lapdance Lingerie, manufactured by Xgen Products.

Doc Johnson Unveils Bundles

Doc Johnson has introduced Bundles — groupings of the company's various product lines.

Zestra Arousal Oils Taps Zaawaadi for Brand Ambassador

Zestra Arousal Oils has named Kenyan star Zaawaadi its newest brand ambassador.

Magic Silk Debuts 'Evermore' Lingerie Collection

Magic Silk has introduced its new Evermore collection of lingerie from its Exposed line.

Show More