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 © 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

Xgen's Dr. Mindy DeSeta Spotlighted on CBS News

CBS News has spotlighted Xgen Products resident sex therapist Dr. Mindy DeSeta on its Miami and West Palm Beach affiliate stations.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

Electric Novelties Expands 'Gläs' Collection

Electric Novelties has introduced a variety of new items from its Gläs collection.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Le Wand's 'Petite' Highlighted in NY Magazine Article

Le Wand’s Petite massage wand has been recognized in NY Magazine's The Strategist round-up of top-rated massagers.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Show More