Tomorrow Fort Worth attorney BeAnn Sisemore will motion to dismiss obscenity charges against Joann Webb, the woman who was arrested last month for selling an undercover officers two dildos, on grounds that the laws defining dildos as obscene are unconstitutional. Today was the first court hearing, where a pre-trial was granted.
Webb, a distributor for adult home party company Passion Parties, was arrested last month after selling dildos to two undercover officers posing as a married couple.
Webb lives and works in Burleson, a small town located just twelve miles outside Fort Worth. Until her arrest she sat on the Chamber of Commerce. She has stepped down from her position until her case comes to a conclusion.
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 never sold from the office before.
Webb's primary means of business is through her Website, PartiesbyJoanne.com.
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.
According to the Fort Worth Star-Telegram, Sisemore and Webb appeared in County Court in Cleburne today to receive the formal complaint against Webb and file their first motions.
Tomorrow Sisemore will return to court seeking a dismissal of the obscenity charges. She told the Star-Telegram that she'll argue that there is a constitutional right to fundamental privacy between adults in private, consensual sexual relationships.
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.
