"Obscene" sex toys can lead to child pornography, money laundering and prostitution according to one Texan assistant DA.
His admission, in an interview with the Family Badge website, follows the arrest of a Lubbock lingerie store clerk who faces jail and the sex offender register for selling vibrators.
Police raided the Somethin' Sexy lingerie store 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," said the store’s owner, following his clerk's arrest.
He adds: "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."
Earlier this month, four officers raided the shop, confiscating several toys deemed to be illegal by the Texas penal code. (hehehe having a Beavis & Butthead moment)
The state 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 I must wonder, why six?
The owner said: "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"
He adds: "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."
Lubbock Assistant District Attorney John Grace explained his definition of obscenity as: "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."
Grace adds: "What’s considered obscene in LA is different than Lubbock and different than Des Moines. The community ultimately decides what is obscene."
From where I'm sitting, this clerk's arrest is obscene. But Grace continues his diatribe on obscenity.
He assures the interviewer that obscenity laws have been on the books as long as books have been around as they are a way of protecting the community from what he calls the "secondary effects" of obscenity: child pornography, money laundering and prostitution.
He's quick to add, however that it’s the Texas legislature that are responsible for deciding whether a law is unjust - not the D.A.’s - it is merely job to enforce it.
I agree that the DA is responsible for upholding legislation, but surely in their remit they must interpret legislation and choose which cases to pursue!