TheTresLeches
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The law banning the sale of sex toys in Texas has been struck down.
"A federal appeals court has struck down a seldom-enforced Texas law making it a crime to promote or sell sex toys.
The 5th U.S. Circuit Court of Appeals, ruling in a case originally filed in federal court in Austin, found that the ban in the Texas penal code on selling or promoting obscene devices violates the right to privacy under the 14th Amendment of the U.S. Constitution.
"Whatever one might think or believe about the use of these devices, government interference with their personal and private use violates the Constitution," said the opinion in the case considered by a three-judge panel of the New Orleans-based court.
The sex toys lawsuit arose in 2004 when Reliable Consultants Inc., which operates four retail stores in Texas under the names Dreamer's and Le Rouge Boutique, sued Travis County District Attorney Ronnie Earle challenging his right to prosecute under the law, a state jail felony punishable by up to two years in jail. PHE Inc., doing business as Adam and Eve, Inc., intervened on behalf of the plaintiffs and the State of Texas, represented by Attorney General Greg Abbott, entered the suit as a defendant."
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"A federal appeals court has struck down a seldom-enforced Texas law making it a crime to promote or sell sex toys.
The 5th U.S. Circuit Court of Appeals, ruling in a case originally filed in federal court in Austin, found that the ban in the Texas penal code on selling or promoting obscene devices violates the right to privacy under the 14th Amendment of the U.S. Constitution.
"Whatever one might think or believe about the use of these devices, government interference with their personal and private use violates the Constitution," said the opinion in the case considered by a three-judge panel of the New Orleans-based court.
The sex toys lawsuit arose in 2004 when Reliable Consultants Inc., which operates four retail stores in Texas under the names Dreamer's and Le Rouge Boutique, sued Travis County District Attorney Ronnie Earle challenging his right to prosecute under the law, a state jail felony punishable by up to two years in jail. PHE Inc., doing business as Adam and Eve, Inc., intervened on behalf of the plaintiffs and the State of Texas, represented by Attorney General Greg Abbott, entered the suit as a defendant."
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