A distributor for Passion Parties, a home party company, was arrested last week. Her crime, not selling dildos as novelties, but as sexual devices.
That's what police officials told KXAS-CBS5, a Fort Worth television station. While dildos and other adult novelties are sold throughout Texas, Joanne Webb was singled out for not marketing them as a "gag gift or novelty item."
Webb was unable to make a comment when contacted by AVN.com, citing her lawyer's advice against doing so.
Burleson is located just twelve miles outside Fort Worth.
Webb is currently out on bail of $1,500 dollars, but faces one year if convicted. Passion Parties is pitching in for her legal fees, and her lawyer BeAnn Sisemore of Fort Worth, has expressed an interest in taking the case to the United States Supreme Court if need be.
Police were tipped off to her business and sent two undercover officers, posing as a husband and wife, to her husband's office, where Webb maintains an office of her own.
Webb initially tried to get them to have a party, but after the two undercover officers insisted, she sold them two adult novelties. Webb claims to have not ever sold from the office before.
Webb's primary means of business is through her Website, PartiesbyJoanne.com. She organizes invitation-only home parties in her area. Webb made no secret about her activities – she was even a member of the city's Chamber of Commerce.
But someone filed a complaint. And the law is the law.
In Section 43.21. of the Texas Penal Code, one of the definitions of "obscene" is "a device designed and marketed as useful for stimulations of the human genital organs."
That's very similar to an Alabama code that was struck down by a federal court in 1999. Although the state of Alabama exhausted their appeals to no avail, the law still sits on the books invalidating their entire obscenity code.
Webb's grievous offense though was her violation of Section 43.23: "a person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same." Unless they are doing so for "bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose."
Apparently the "law enforcement purpose" phrase is intended to protect the law officers from being arrested for having purchased "obscene devices" during stings.
Of course, Webb hopes that she'll be having the entire law ruled unconstitutional in the near future.
