In
Texas, it is not against the law to sell a sex toy, it is
against the law to sell it and tell someone what it is intended
for, because the Texas government insists that retailers lie
about what it is they are selling by insisting retailers call
them novelties. Thus, the officer was baiting the employee
by asking how to use it.
It
would be interesting to see the law enforced in a Wal-Mart
by asking a employee what the "Ribbed For Her Pleasure"
condoms are supposed to do. The law is not only inconsistent,
and encourages dishonesty when it comes to sexual health,
but it also violates the right of U.S. citizens to be able
to be informed consumers of sexual health products.
The
Supreme Court refused to consider if it is a crime and unconstitutional
to promote sex toys shaped like sexual organs. The defendant,
Acosta, is arguing that the law violates the right to sexual
privacy.
Acosta’s
lawyer filed a motion to dismiss the complaint, on the grounds
that the statute unconstitutionally prevented Texans from
enjoying dildo-type devices, which they have a right to do
in the privacy of their homes. Based on the 2003 Supreme Court
Lawrence v. Texas ruling that threw out sodomy statutes nationwide
on privacy grounds, Acosta’s attorney argued that the state
had no compelling justification for burdening adults who wish
to exercise their privacy rights to use sex toys.
Chief Justice
Richard Barajas wrote “It is appropriate for the State to act
to protect the social interest in order, morality, and decency
by restraining commercial dealing in non-communicative objects
designed or marketed for use primarily for the stimulation of
human genital organs.” Barajas provided no explanation as to
why selling a dildo in an adult bookstore presents any risk
to order, morality, or decency.
Acosta’s
lawyer, Santa Monica, Calif.-based Roger Diamond, urged the
U.S. Supreme Court to hear the case in light of conflicting
rulings throughout the nation as to the sale of so-called obscene
sex toys. The case will now go to the El Paso County court for
trial.
Colorado
and Louisiana courts say that laws banning the sale of sex toys
on obscenity grounds are unconstitutional, while courts in Georgia,
Mississippi and Texas have upheld sex toy bans.
Please
read our article on the War
on Sex Toys
Sex Toys
Still Under Attack In Texas
The
Holistic Wisdom Corporation