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By Steven Kreytak
AMERICAN-STATESMAN STAFF
Thursday, February 14, 2008

A federal appeals court has struck down a Texas law that makes it a crime to promote or sell sex toys.

"Whatever one might think or believe about the use of these devices," said an opinion written by Justice Thomas M. Reavley of the 5th U.S. Circuit Court of Appeals in New Orleans, "government interference with their personal and private use violates the Constitution."

Under Texas law it is illegal to sell, advertise, give or lend obscene devices, defined as a device used primarily for sexual stimulation. Anyone in possession of six or more sexual devices is considered to be promoting them.

The Texas law dates back to the 1970s and is seldom enforced. Travis County prosecutors say that they haven't charged anyone with a sexual device-related crime in at least the past seven years, and probably much longer.

In 2003, a woman in the Fort Worth suburb of Burleson drew nationwide attention when she was arrested for selling erotic toys at a Tupperware-type party. The charges against Joanne Webb were later dropped.

In addition to Texas, whose law has survived previous state court challenges, three other states have a similar sex toys statute: Mississippi, Alabama and Virginia. Laws in Louisiana, Kansas, Colorado and Georgia have been thrown out by courts in recent years.

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THIS JUST IN:

[ 14 February 2008: Message edited by: rural - Francesca ]

[ 14 February 2008: Message edited by: rural - Francesca ]

[ 14 February 2008: Message edited by: rural - Francesca ]

[ 14 February 2008: Message edited by: martin dufresne ]

That's got to take the award for the the most obscene post ever on babble.

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Anyone in possession of six or more sexual devices is considered to be promoting them.

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Originally posted by martin dufresne:
And I see that the age-old curse on the seventh son remains alive and well in the South.

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Have fun.

Website for Divine Interventions

[ 14 February 2008: Message edited by: martin dufresne ]

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martin: The Harper and Dion - The Double Invasion front and rear combo

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[ 14 February 2008: Message edited by: martin dufresne ]

[ 14 February 2008: Message edited by: martin dufresne ]

there are many archaic laws on the books that are rarely enforced.

IN a couple of cases small town Chamber of Commerce and / or Church boards pressure the local sheriffs office to enforce laws when members of the Chamber of Commerce is annoyed or feels inconvenienced by the aspirations of a local business woman.

Passion Party bust!

Bush's wire tapping bill has allowed the local sheriffs to investigate local business women that hold passion parties.

Operation G-sting

[ 16 February 2008: Message edited by: TemporalHominid ]