The Campaign For DA

9.09.2005

OK, Homosexuality Is Legal but . . .

. . . remember the lady in Burleson that was prosecuted for selling, er, "devices" at little adult Avon parties? The prosecutor in Johnson County finally came to his senses and dismissed the case. Of course, the big point of discussion (even on the national morning shows) was: Shouldn't any law in the state of Texas that makes the selling of those devices illegal be declared unconstitutional as a violation of the right of privacy? Well, guess what? We have a development. A trial judge threw out a similar prosecution in El Paso and the government appealed. Last week, the appellate court in El Paso ruled that the prosecution can continue! To make your head spin, you have to read the fairly short opinion that ends with: "It is appropriate for the [government] to act to protect the social interest or order, morality, and decency by restraining commercial dealing in . . . objects designed or marketed for use primarily for the stimulation of [the privates]. "