Adult World in PA Loses Lawsuit Against 'Sidewalk Counseling'

NORTH WALES, PA—After a years-long battle against a Catholic men's organization to prevent the group from harassing customers, and motorists and pedestrians passing its store, adult boutique Adult World, located at 608 Upper State Road, near the intersection of Routes 309 and 202, has had its lawsuit against the group dismissed by a federal court judge. Adult World, which is owned by 202 and 309 Novelties and Gifts, Inc., has been in business for several years at the Upper State Road location, but on August 3, 2011, a group of men affiliated with the Catholic organization The King's Men (TKM) gathered in front of and alongside Adult World's building and began handing out anti-porn literature as part of a "No More Porn Tour" and harassing customers entering and leaving the premises, as well as stopping cars and pedestrians on and along Upper State Road, claiming that illegal activities were taking place on the plaintiff's premises. They returned for further protests on September 14, 2011. According to Adult World's complaint, the defendants TKM and about a dozen of its followers also buried "Miraculous Medals" in the ground on plaintiff's property, and sprinkled holy water on them and surrounding areas. After Adult World personnel called the Montgomery Township police, an officer ordered the protesters off of Adult World's property and onto a "decorative mulched floral area" between Upper State Road and Adult World's property. The protests have continued sporadically since late 2011, so Adult World sued in federal district court for a permanent injunction to have the protests stopped, deeming them a public and private nuisance. In its lawsuit, Adult World also accused The King's Men of conspiring "to impose undue limitations on competitive conditions and ... restrict[] competitive opportunity," as well as "to limit and eliminate the business of sexually explicit material as a whole," calling The King's Men a "racketeer influenced and corrupt organization" as defined in the federal RICO statutes. It also provided copies of Web pages from The King's Men website, detailing the group's tactics when protesting adult businesses. However, after litigating various issues for more than three years, U.S. District Judge Petrese Tucker dismissed Adult World's complaint "with prejudice," meaning that the store cannot refile charges against the group for the same behavior. "The constitutionally protected freedom of people to express their views in public areas has been an essential part of American life since the nation's founding," stated Senior Counsel Brett Harvey of the conservative legal group Alliance Defending Freedom, which provided funding for defense of The King’s Men. "We are very pleased that this ministry can continue its work and advance its values without the threat of baseless litigation." Adult World's complaint can be seen here.