By Tim Carpenter, Kansas Reflector
TOPEKA — The Kansas attorney general filed a lawsuit alleging a company distributing pornography on more than a dozen websites failed to abide by a state law requiring businesses to verify the age of consumers to prevent minors from viewing nudity.
Attorney General Kris Kobach, operating under the state’s consumer protection statute and the state’s 2024 age-determination law relative to porn, said Tuesday the suit was filed against SARJ LLC, a foreign corporation with a place of business in Seattle.
“Defendant does not employ any manner of age-gating technology, resulting in its websites remaining freely open and accessible to anyone,” Kobach’s filing said.
Kobach said the case filed Monday in Shawnee County District Court was brought to “protect Kansas children from the negative health consequences that stem from unfettered access to pornography.”
On Wednesday, the U.S. Supreme Court scheduled argument in a challenge to a comparable 2023 Texas law that required age verification methods for websites offering sexual content on the internet. A federal district court judge blocked enforcement of the Texas law. The 5th Circuit federal appeals court paused the district court’s order and allowed the age-verification statute to take effect. The Supreme Court subsequently agreed to take up the case.
Kansas and more than a dozen other states have adopted similar laws regarding online access to pornography by minors.
In April, Gov. Laura Kelly allowed the bipartisan bill to become law in Kansas without her signature. The measure was approved unanimously in the Senate and on a 92-31 vote by the House. The governor warned the law could “end up infringing on constitutional rights” of Kansans and prompt litigation.
In the Shawnee County court filing, Kobach’s public protection division said SARJ offered a suite of websites that included sexart.com, thelifeerotic.com, eroticbeauty.com, lovehairy.com, goddessnudes.com, domai.com and stunning18.com.
The sexart.com site advertised erotic movies that would be pleasing to people who preferred “voluptuous sirens or perky cheerleader types” engaged in sexual acts, court records said. The metart.com site presented customers “a unique blend of artistic and erotic content.” And, the stunning18.com site focused on photography and film that “cater to an audience that appreciates the artistic portrayal of a younger human form.”
Kobach’s staff prepared Exhibit A, which contained “true and correct screen captures” of each of the 13 website landing pages. The landing pages could be reached without payment or age verification, the court document said.
“Such content is intended to catch users’ interest visibly and audibly,” the filing said.
Material contained in Exhibit A was part of a pending motion to determine whether it would be sealed by the state court from public view, the attorney general said.
“Defendant … operates 13 websites that are replete with nudity and a variety of sexual content,” the lawsuit said. “Each of the 13 websites contains graphic soft- and hard-core depictions, descriptions, presentments or representations of nudity, sexual conduct, sexual excitement or sadomasochistic abuse.”
On a portion of websites operated by the defendant, Kobach said in court documents, a floating banner at the bottom of the screen displayed an age-related message that didn’t comply with Kansas’ consumer protection statute.
“This site contains sexually explicit material. By using this website you acknowledge that you are over 18,” the banner says. Apparently, a person could click “I Agree” or “I’ll Leave,” but users could still access the site without acknowledging the banner.
Under Kansas law, SARJ’s online operation could be subject to civil penalties ranging from $500 to $10,000 for each instance in which the company’s websites were improperly accessed in Kansas.
“Protecting our children against the harmful effects of pornography is a high priority for all Kansans,” Kobach said in a statement. “This law is making a difference.”
The attorney general sought temporary and permanent orders prohibiting SARJ from making business transactions in Kansas, including providing access to internet content harmful to minors.
House Minority Leader Brandon Woodard, D-Lenexa, said the Legislature’s discussion of the bill raised potential problems with implementation.
“Generally, nobody wants children accessing pornographic images,” Woodard said. “The bill was maybe not the correct mechanism for actually verifying … but the courts will be taking care of that issue.”
