Shop Clerk arrested for selling sex toys, may receive sex offender status.

[Velvet-Tongue]

Most asinine thing I've read all week. Can't believe they'd give someone "Sex Offender" status for selling a dildo. That would put him/her on the same ground as child molestors and rapists and make it impossible to live by a school and several other locations and make it nearly impossible to get a good job.

All for selling a dildo.

Lubbock, TX, you're fucking stupid.

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Police Raid Lingerie Shop

LUBBOCK, TX -- An obscure law sends one local lingerie store clerk to jail. And now she may forever have to register as a sex offender.
The lingerie store, Somethin’ Sexy was raided by police last week for violating Lubbock`s sexually oriented business ordinance.

"I feel like I`m in 1690 Salem, Massachusetts and we`re looking for a witch to burn" says the store’s owner.

The witch: the owner of Somethin’ Sexy. He`s speaking out about the raid of his shop and the arrest of his employee. Now, if convicted, the clerk will have to register as a sex offender.

"I think it`s ridiculous. She`s not a sex offender, she was selling something that I had instructed them it was ok to sell, I think it`s ridiculous" he says.

Earlier this month, four officers raided the shop, confiscating several toys deemed to be illegal by the Texas penal code. The code states "a person who possesses six or more obscene devices is presumed to possess them with intent to promote the same." In other words, intent to sell.

But if this is a state law, how do other Texas cities match up?

"We went to several places in Dallas where the merchandise that was deemed obscene here they have in open view on the shelves. Lubbock seems to be taking the most hard line approach that we`ve seen anywhere in Texas" says the owner.

He says not only did he keep the devices out of view, but he says there`s a huge demand for these products.

"We kept it in a closed cabinet, we did not promote it. If someone asked, then we showed them the merchandise. Our guest book, we`ve had over 1500 people sign up to receive emails and mail outs" he says.

The store is still open and the owner says he’s playing by the rules.

"We`ll sell everything that`s legal" he says.

The Lubbock Assistant District Attorney couldn`t speak specifically about this case, but did speak to us in general about obscenity laws and what the definition of obscene is in Lubbock.

"If they tell them this is a candle put in on the birthday cake this is a novelty if they tell you to use it to enjoy sexual gratification, its no longer a candle on the birthday cake" says Assistant D.A. John Grace.

What’s illegal and what’s not when it comes to sexual devices comes down to marketing and intentions.

"If the seller is selling it as a novelty and the buyer is buying it as a novelty to make fun of, then it probably has not reached the level of an obscenity" says Grace.

According to state law, it’s illegal to sell obscene devices with the intention of sexual gratification. But what is an obscene device and who`s going to be the judge of that?

"What’s considered obscene in LA is different than Lubbock and different than Des Moines. The community ultimately decides what is obscene" says Grace.

He says obscenity laws have been on the books as long as they`ve had books as a way of protecting the community from what he calls the secondary effects of obscenity which are child pornography, money laundering and prostitution.

He says it’s not the D.A.’s job to decide whether a law is fair or not but it is their job to enforce it. And if the citizens have a problem with that, it’s their job to take it to the Texas legislature.

"As a voter and a taxpayer, if you think the law is not fair, that’s what democracy is all about. Go talk to your congressman and see if you can get the law changed" says Grace.


http://www.familybadge.org/index.cfm...erID/18443.htm

[Morning Glory]

"As a voter and a taxpayer, if you think the law is not fair, that’s what democracy is all about. Go talk to your congressman and see if you can get the law changed" says Grace.

until you get arrested for it, registered as sex offender and lose your right to vote.

also the ast. DA said you should put dildos on birthday cakes. If that's not obscene, I don't know what is!

[One Eyed Cat]

This law would not survive constitutional scrutiny as it now stands. 2 years from now? I enjoy reading Scalia's opinions. They are quite entertaining. The man is so fucking brilliant he can overturn 5 cases without anyone knowing he just did so. I'll feel sorry for some folks in these parts though.

OEC

[Cafe_Post_Mortem]

The problem is, no selling dildo laws have been upheld in lower courts and no one is willing to seriously review Megan's law since sex offenders are icky. It's the problem with creating a second class of citizens, people start looking to put anyone they don't like in that category.

[One Eyed Cat]

The problem is, no selling dildo laws have been upheld in lower courts and no one is willing to seriously review Megan's law since sex offenders are icky. It's the problem with creating a second class of citizens, people start looking to put anyone they don't like in that category.

I'm not sure I understand you. You are saying: Laws prohibiting the sale of sexual toys have been struck down in federal court. The inquiry would end there. This does not relate to Megan's Law. This is a complex area as there is a controlling case regarding the possession of such material. The federal obscenity laws, however, are murkier than Boston's harbor. Could you show me specific cases?

OEC

[One Eyed Cat]

I did find something in the 11th Circuit. There is no controlling case though. I do not see how this is upheld in SCOTUS after Lawrence (until they get the 5th vote to kill that as well) There is no mention of Megan's Law anywhere.

OEC

[One Eyed Cat]

Good God. It was struck down in district court. Then upheld in the 11th Circuit. I don't see challenges in the other 3 states. Kansas and Louisiana struck em down in their state supreme courts. This is the most fucking insane decision I've ever seen. They are all but ignoring the Supreme Court.
240 F.3d 944 is the citation.

[Cafe_Post_Mortem]

Sorry, I meant the courts have upheld the ban on selling sex toys in the past, unless I am unaware of another case. The reference to meghan's law was about the clerk being added to the sex offender's registry if convicted. If you are going to have a law like meghan's law you really need to be clear on what will get people on the registry.

And, as insane as the decision is at least I got this quote:

The statute exempts sales of sexual devices “for a bona fide medical, scientific, educational, legislative, judicial, or law enforcement purpose.”

And I will at least be able to sleep tonight pondering wat sales of sexual devices for legislative, judicial and law enforcement purposes could possible mean.

I live for the day our country and its governing bodies grows up and realizes that we, as a race, like to fuck, often in ways not approved of by Leviticus.

[One Eyed Cat]

Sorry, I meant the courts have upheld the ban on selling sex toys in the past, unless I am unaware of another case. The reference to meghan's law was about the clerk being added to the sex offender's registry if convicted. If you are going to have a law like meghan's law you really need to be clear on what will get people on the registry.

And, as insane as the decision is at least I got this quote:



And I will at least be able to sleep tonight pondering wat sales of sexual devices for legislative, judicial and law enforcement purposes could possible mean.

I live for the day our country and its governing bodies grows up and realizes that we, as a race, like to fuck, often in ways not approved of by Leviticus.

It was overturned then upheld in the 11th Circuit. There are no other challenges as only 4 states have such laws. This decision is completely inconsistent with Supreme Court precedent. I'd have to read the Texas Statutes regarding sex offender registries pre and post enactment of their version of Megan's Law to even comment on that. I'm going to try to find more info. If you could msg me an email, I'll give u what I find.

Needless to say, I hope you will vote.

OEC