Texas AG Drops Adult Toy Case Appeal

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.

Related:  

Copyright © 2025 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

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

ProDx Health Launches Affiliate Program

ProDx Health has launched an affiliate program for creators and other members of the adult industry that promote its home-collection testing kits.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Lovense 'Ferri' Spotlighted on Wired.com

Lovense’s Ferri has been spotlighted on Wired.com.

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

Orion Debuts New Style From Cottelli Lingerie

Orion Wholesale has added a new style from its Cottelli Lingerie line.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

JO Debuts Stroker-Optimized Lube

JO has introduced its new Stroker Lube, engineered for use with strokers and sleeves.

Show More