Home > News > Texas AG Drops Adult Toy Case Appeal • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Texas AG Drops Adult Toy Case Appeal

Decision means adult toys now legal in Texas, Mississippi and Lousiana
Texas AG Drops Adult Toy Case Appeal
Get XBIZ News
XBIZ Research
Will Google uphold its commitment to 'Freedom of Expression' when it comes to organic adult search results?
Yes
  32.16%
No
  67.84%
Out of 199 votes. Results based on votes submitted by members of XBIZ.net social network.
Tuesday, Nov 4, 2008    Text size: 
AUSTIN, Texas — Thanks to the Texas attorney general’s decision to drop the appeal in the Reliable Consultants Inc. case, adult toy sellers are no longer peddling illegal products in Texas, Mississippi and Louisiana.

U.S. District Judge Lee Yeakel let that fact be known in a two-page document dated Oct. 29, in which he wrote that Texas attorney general’s office has notified him by telephone that his office would not file a writ of certiorari — an appeal — in Reliable Consultants Inc. vs. Texas.

The three states comprise the jurisdiction of the 5th U.S. Circuit Court of Appeal, where Texas would have filed the appeal if it decided to do so.

The case stemmed from Texas attorney general and his Travis County counterpart prosecution of Reliable Consultants Inc., operator of Dreamer’s and Le Rouge Boutique adult boutiques. They sought enforcement of state laws that prohibit commercial sale of sexual devices. The also named Jennifer Rasmussen, a Travis County resident and college student who hosted private parties for women at which she sold vibrators and other adult toys.

Attorney H. Louis Sirkin, who signed on to represent both Reliable Consultants and Rasmussen, sought for the court to declare the Texas laws unconstitutional — and won. The fact that Texas decided against appealing is validation of the “academic” strategy he chose to use, Sirkin told XBIZ.

“We attacked on the right of privacy and right to make choices with [the public’s] sexual stimulation,” Sirkin said. “It’s an academic decision based on academic facts. Our case was really an intellectual presentation.”

The strategy relied on the U.S. Supreme Court decision in Lawrence vs. Texas, which decided that Texas’ law against sodomy was unconstitutional on the grounds that government can not intervene in people’s sex lives at their own homes.

Ultimately, the decision marks somewhat of a watershed moment for adult toy stores in Texas, Mississippi and Louisiana, the states that fall within the court’s jurisdiction.

“The significance of it is that now in those three states people are free to sell those toys,” Sirkin said.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

LEGAL PERSPECTIVES

Legal Reality: Net Neutrality Update

Earlier this year, in my article entitled “Warning! Net Neutrality Terminated! This Is Not A Test,“ I discussed how a recent federal court ruling has set the stage for potentially unprecedented... More »

Legal Reality: Discussing Intangibles

We live in an age of unprecedented consumer access to a nearly limitless amount of content. As a result, sellers of goods and services have been challenged like never before to find ways to reach new customers... More »

Revenge Porn: Is a Federal Criminal Ban Imminent?

According the National Conference of State Legislatures, “revenge porn” is defined as “the posting of nude or sexually explicit photographs or videos of people online without their consent,... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

Asia Adult Expo

Aug 28 - Aug 30
Hong Kong, China

CatalystCon West

Sep 11 - Sep 14
Los Angeles, California

Webmaster Access Amsterdam

Sep 19 - Sep 22
Amsterdam, Holland

The European Summit

Sep 22 - Sep 25
Prague, Czech Republic
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!