Texas AG Drops Adult Toy Case Appeal

AUSTIN, Texas — Thanks to the Texas attorney general’s decision to drop the appeal in the Reliable Consultants Inc. case, adult toy sellers are no longer peddling illegal products in Texas, Mississippi and Louisiana.

U.S. District Judge Lee Yeakel let that fact be known in a two-page document dated Oct. 29, in which he wrote that Texas attorney general’s office has notified him by telephone that his office would not file a writ of certiorari — an appeal — in Reliable Consultants Inc. vs. Texas.

The three states comprise the jurisdiction of the 5th U.S. Circuit Court of Appeal, where Texas would have filed the appeal if it decided to do so.

The case stemmed from Texas attorney general and his Travis County counterpart prosecution of Reliable Consultants Inc., operator of Dreamer’s and Le Rouge Boutique adult boutiques. They sought enforcement of state laws that prohibit commercial sale of sexual devices. The also named Jennifer Rasmussen, a Travis County resident and college student who hosted private parties for women at which she sold vibrators and other adult toys.

Attorney H. Louis Sirkin, who signed on to represent both Reliable Consultants and Rasmussen, sought for the court to declare the Texas laws unconstitutional — and won. The fact that Texas decided against appealing is validation of the “academic” strategy he chose to use, Sirkin told XBIZ.

“We attacked on the right of privacy and right to make choices with [the public’s] sexual stimulation,” Sirkin said. “It’s an academic decision based on academic facts. Our case was really an intellectual presentation.”

The strategy relied on the U.S. Supreme Court decision in Lawrence vs. Texas, which decided that Texas’ law against sodomy was unconstitutional on the grounds that government can not intervene in people’s sex lives at their own homes.

Ultimately, the decision marks somewhat of a watershed moment for adult toy stores in Texas, Mississippi and Louisiana, the states that fall within the court’s jurisdiction.

“The significance of it is that now in those three states people are free to sell those toys,” Sirkin said.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

Our Erotic Journey Expands 'Cristal Collection' of Vibrators

Our Erotic Journey has introduced five new vibrators from its Cristal Collection.

ASACP Announces F2F as 1st Gold Sponsor

The Association of Sites Advocating Child Protection (ASACP) has announced Friends2Follow (F2F) has upgraded its sponsorship and become the organization’s first Gold Sponsor.

Nice & Naughty Names Chris Fleiger Director of Operations

Michigan-based retail chain Nice & Naughty has appointed Chris Fleiger as its new director of operations.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Segpay Adds 'Pay by Bank (UK)' Payment Solution

Segpay has added the Pay by Bank (UK) option to its direct payments solutions.

XBIZ Retreat to Make Its Cabo Comeback Aug. 17-21

XBIZ Retreat will return to Cabo San Lucas Aug. 17–21, bringing together top LATAM retail buyers and pleasure product brands for a week of dealmaking and networking.

Orion Debuts 'Oral Fun' Vibrator Collection

Orion Wholesale has introduced its Oral Fun vibrator line.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

Eli Thomas Launches 'VerifiedCollab' Verification Platform

Performer Eli Thomas has launched VerifiedCollab, a verification platform for creators and producers.

Show More