Obscenity charges dropped after Halloween store moves costumes

? Obscenity charges against an Overland Park Halloween costume store have been dropped, and two other businesses pleaded not guilty to similar charges.

The misdemeanor charges were brought by a Johnson County grand jury, which has indicted four businesses.

District Attorney Phill Kline said his office dismissed four counts of promoting obscenity against Spirit Halloween after the store agreed to move four Halloween costumes to a place in the store where minors would not see them.

Tyler Garretson, who represents Spirit Halloween, said no one from the business was called to testify before the grand jury.

The grand jury has also indicted Hollywood at Home in Overland Park and two Olathe businesses, Priscilla’s and Gringo Loco.

Hollywood at Home, which is accused of selling four obscene DVD videos, will rely on a First Amendment defense, according to a notice filed with the court by attorney Richard T. Bryant.

Priscilla’s, which also pleaded not guilty, is charged with selling an obscene DVD and sex toys.

Priscilla’s and Hollywood at Home are scheduled to be back in court Oct. 18. Gringo Loco, which is accused of selling one obscene DVD, is scheduled to make its first appearance in court Oct. 19.

The grand jury, the county’s first since 1989, was convened in mid-July. It and a grand jury in Wyandotte County were formed after a citizens group filed a petition calling for grand juries to investigate businesses believed to be promoting obscenity.

Federal grand juries are convened regularly in Kansas, but grand juries at the county or district court level have been rare.