Texas Adult Store Raided for Obscenity, Clerk Arrested

LUBBOCK, Texas — Police raided the Somethin' Sexy adult store and arrested a store clerk for violating the state's obscenity law, having sold two "obscene devices" to an undercover police officer.

Attorney Michael Gibson, who specializes in defending obscenity and 1st Amendment cases in the state, told XBIZ that the current law states that a person possessing six or more of these devices proves presumption that he or she intends to promote their use.

"A jury can presume intent to sell and deliver," Gibson said.

Police reportedly confiscated 120 obscene devices — defined by Texas law as "a device including a dildo or artificial vagina designed or marketed as useful primarily for the stimulation of human genital organs."

Gibson also said anyone who assists or encourages the sale also is considered guilty, but police refused to arrest Somethin' Sexy owner Gary Evans, who asked police to arrest him instead of the saleswoman.

Evans said he kept the sex toys in a separate cabinet, which only was opened upon request from customers.

"I just assumed it was OK to put them out, but we never put them out in plain sight," Evans said.

However, the investigating officer wrote in his affidavit that the fact that Evans made an effort to conceal the toys proved he knew they were illegal to sell.

John Grace, Lubbock County's assistant district attorney, did not comment specifically on the case, but specified that selling novelty items — products whose purpose is clearly not for sexual use — is not considered illegal according to the obscenity law.

"What’s considered obscene in L.A. is different than Lubbock and different than Des Moines," Grace said. "The community ultimately decides what is obscene."

Evans was unavailable for comment at press time, and it is unclear what his next legal step will be. He did say, however, that Somethin' Sexy remains open for business.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Magic Silk Expands 'Exposed' Line With 'Sinful' Collection

Magic Silk has expanded its Exposed line of lingerie with the Sinful collection.

Inside the Impact of New AV Laws on Sex Toy Ecommerce

Over the past few years, age verification (AV) has gone from a niche policy discussion to a very real, very immediate concern for anyone operating in the adult space.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released three new styles from its Svenjoyment undergarment line.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

Full Circle Expands Enhancements Collection

Full Circle has expanded its collection of performance enhancers.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

Screaming O Debuts New 'Rechargeable Rings' Collection

Screaming O has introduced its new collection of rechargeable, vibrating cock rings.

Show More