Court strikes down Texas ban on sex toys

[theredpen]

Well, Texas has taken a bold step into the 20^th century. Lookout 21^st century! We're gainin' on you!

A federal appeals court has struck down a seldom-enforced Texas law making it a crime to promote or sell sex toys.

The 5th U.S. Circuit Court of Appeals, ruling in a case originally filed in federal court in Austin, found that the ban in the Texas penal code on selling or promoting obscene devices violates the right to privacy under the 14th Amendment of the U.S. Constitution.

"Whatever one might think or believe about the use of these devices, government interference with their personal and private use violates the Constitution," said the opinion in the case considered by a three-judge panel of the New Orleans-based court.

http://www.statesman.com/news/content/news/stories/local/02/14/0214sextoys.html

[sonias]

1. Freedom is on the march

Those damn activist judges at that 5th U.S. Circuit Court of Appeals! Which by the way happen to be the most conservative. :shrug:

:rofl::rofl::rofl:

Sonia

[4_TN_TITANS]

12. Correction... Freedom now comes in multiple speeds!

:rofl:

[sonias]

14. Freedom comes out of the closet?

Life, liberty and the pursuit of happiness for all!

This thread is too easily hijacked.

:rofl:

Sonia

[Horse with no Name]

15. Sure it isn't the Texas PENILE code?

:evilgrin:

[sonias]

16. ha ha ha ha

:spray: :rofl:

Sonia

[MagickMuffin]

2. Woo Hoo, Texas is turning BLUE

I would think it violated the 4th amendment as well. But, I suppose the 4th has been obsolete since the drug war.

Ah well, we'll take progress anyway we can get it.



:kick:&R

[momster]

8. Texas Turning Pink

from pleasure....:blush:

[tbyg52]

3. Thanks! I needed a laugh. nt

[BlueCollar]

4. Now's the time to invest

in batteries and leather futures...

[crispini]

5. Hee. Finally got the 5th rec.

:rofl:

[Lisa0825]

6. This is no laughing matter!

Well, it is, but it isn't! :rofl:

This law has been used to selectively prosecute people, and I guarantee you the victims of this law were not laughing through the thousands of dollars in legal bills they paid.

Passion Parties are now legal! :woohoo:

[sonias]

9. Protect the right to sexual privacy

I can't say that I remember this case, but according to the story Ronnie Earle must have filed a case against them for advertising them as sex toys?

The sex toys lawsuit arose in 2004 when Reliable Consultants Inc., which operates four retail stores in Texas under the names Dreamer's and Le Rouge Boutique, sued Travis County District Attorney Ronnie Earle challenging his right to prosecute under the law, a state jail felony punishable by up to two years in jail.

(snip)
The opinion relied heavily on the U.S. Supreme Court's 2003 decision in Lawrence and Garner v. Texas, which struck down a Texas law prohibiting private consensual sex among members of the same sex. That case established a broad constitutional right to sexual privacy.

I did however find that case of the Passion Party prosecution from 2004.

CNN 2/11/04
Texas mom faces trial for selling sex toys

DALLAS, Texas (Reuters) -- Joanne Webb is a mother of three, a Baptist, a booster of the town of Burleson, Texas, and a former schoolteacher. She also faces trial for being a smut merchant.

Webb, 43, was arrested in November by two undercover police officers for selling sexual toys and charged with violating Texas obscenity laws. She could face up to a year in jail and a fine of $4,000 if convicted.

Webb is a representative for Passion Parties, a California company marketing potions, lotions and sexual toys sold at gatherings that mimic Tupperware parties.

Women over 18 meet in a private home for what the company calls a "girl's night out of giggles and fun," during which products designed to enhance sex lives are sold.

It was not a secret in Burleson, a small town near Fort Worth, that Webb sold vibrators, edible creams and racy lingerie.

Texas laws are so stupid. Another one bites the dust!

Sonia

[Hepburn]

7. Oh, good.....just in time for the asshole to retire to Crawford!

:evilgrin:

[MagickMuffin]

10. Unfortunately, Mad king Boy George is moving back to Big D

:puke:He'll probably put his pig farm up for sell, after all it was just a part of the GRAND ILLUSION, one of many sorry to say.

They had to try really hard to make him Reagan like, even though he is afraid of the ponies.:rofl: He thinks they are for milking.:eyes:

[DCKit]

11. The sheep and cattle are all breathing a sigh of relief. n/t

[Vogon_Glory]

18. Nor will grocery store clerks have to keep vigil over the produce to please blue-noses. n/t

[Ilsa]

13. This is great news, and it needs to be in GD for all the Texas-haters to see.

They need to know that we are making a difference in changing provincial attitudes.

[Vogon_Glory]

17. My Theory About The Toy Law

My theory about the toy law is that it was passed by the legislature to keep the voters from realizing just how badly they're being (bleeped) over by the Texas Legislature.