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Federal Court Overturns Texas Law Banning Passion Parties

NewsChannel 5:

An appeals court has overturned a Texas statute outlawing sex toy sales.

The ruling by the 5th U.S. Circuit Court of Appeals in New Orleans leaves Alabama as the state with the strictest ban on such devices.

Tuesday's ruling says the Texas law making it illegal to sell or promote obscene devices -- violates the 14th Amendment on the right to privacy.

Companies that own Dreamer's and Le Rouge Boutique, which sell the devices in Austin, and retailer Adam & Eve, sued in 2004.

      They appealed after a judge dismissed the suit.

The Texas Attorney General's Office, which represented the Travis County district attorney, has not decided whether to appeal.

      In 2004, a woman in Burleson was arrested for selling two sex toys to undercover officers.

Passion Parties consultant Joanne Webb was charged with violating the state's obscenity law. A judge later dismissed her case.

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