Tuesday, January 27, 2004

Check Your Sex Toys at the State Line

So, the war on terrorism must be over, right? That's the only reason I can think of for the state of Texas to waste taxpayer money prosecuting those who sell sex toys. As discussed in this Findlaw column, a suburban mother in Texas faces criminal obscenity charges because she sold sex toys to a "couple" who came to her seeking her wares. The "couple" in question were undercover cops. That's right, the local fuzz have the time and resources to set up a sting operation to stop a housewife from selling sex toys.

Is this what law enforcement has come to? As the column points out, the Texas obscenity law doesn't criminalize the sale of sex toys, only the "promotion." So as long as you don't discuss them with your customers, you're all right. Conversely, I'm pretty sure you can talk to you local crack dealer about his or her products without fear of prosecution.

While the column correctly points out that the law itself is headed for the dustbin in the wake of Lawrence (see below), I still can't get right with the fact that the police set this woman up in the first place. It's not as if she was standing on a street corner in downtown Dallas waving dildos around. She'd need an NEA grant for that, of course.

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