Quote:
Originally Posted by Tobor the 8th Man
Minor hijack here - Is it still technically illegal to sell sex toys in Texas? I know folks get around it by simply calling them "novelties" but I thought I heard that law was overturned
A quick Google search just created confusion for me. Seems in 2008 the 5th Circuit Court overturned the law but I wonder if Texas challenged that.
|
Texas' argument to uphold the law ....
The prosecution, led by District Attorney
Ronnie Earle, argued that sex shops that “distribute sexual devices for profit cannot assert the individual rights of their customers” and are not protected by the 14th Amendment. In a brief filed with the court, Earle also claimed the state had an interest in the morality of its citizens. As a governing body of the people of Texas, the law is necessary for “discouraging prurient interests in autonomous sex and the pursuit of sexual gratification unrelated to procreation.”
In other words, it was Texas’ duty to prevent masturbation and sex outside of marriage.
As far as I know, Texas did not appeal the ruling. However when the anti-sodomy laws for same sex partners was challenged, Texas modified the law to make it illegal for any heterosexuals to practice sodomy also in the hopes that it would mute discrimination charges. Lawrence vs Texas in 2003 ruled both laws were unconstitutional.
At one point it was against a city ordinance In Houston to have more than 6 "toys" in your possession. The law was written to allow officers to go after adult video stores that also sold "toys".
Years ago, the Stevens and Pruette radio show acting on a rumor that the HPD evidence room had over 9,000 dildos ..... called them on the air to ask about it. When they asked if HPD officers carried "throw-down" dildos in case a woman only had 5 ... the officer hung up the phone.
