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

Full Circle Introduces 2 New Display Planograms

Full Circle has debuted new display planograms for its jewelry line and its bullet vibe collection.

Creative Conceptions Debuts 'Skins' Non-Latex Condoms

Creative Conceptions has introduced the new Skins line of non-latex condoms.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

Rouge Group Taps Sean Macauley for Global Sales Manager

U.K. pleasure brand Rouge Group has appointed Sean Macauley as its new global sales manager.

Male Power Debuts 'Gridlock'd' Collection

Male Power has introduced its new Gridlock’d collection of men's underwear.

B-Vibe, Gigi Engle Partner for 'Kink Starter Kit'

B-Vibe and author Gigi Engle have partnered for the limited-edition Kink Curious Kit.

Orion Debuts 'Vibepad Mini' Vibrator

Orion Wholesale has introduced its new Vibepad Mini vibrator.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

National Signs Distro Deal With NeuroSource for Happy Mind, XXXTabs

National Distribution has signed a deal with NeuroSource to carry the wellness brand's Happy Mind and XXXTabs product lines.

Nobü Partners With JellyFilledGirls for 'Jëli' Vibrator

Pleasure brand Nobü has teamed up with creator duo JellyFilledGirls to release the Jëli vibrator.

Show More