Texas Adult Store Raided for Obscenity, Clerk Arrested

LUBBOCK, Texas — Police raided the Somethin' Sexy adult store and arrested a store clerk for violating the state's obscenity law, having sold two "obscene devices" to an undercover police officer.

Attorney Michael Gibson, who specializes in defending obscenity and 1st Amendment cases in the state, told XBIZ that the current law states that a person possessing six or more of these devices proves presumption that he or she intends to promote their use.

"A jury can presume intent to sell and deliver," Gibson said.

Police reportedly confiscated 120 obscene devices — defined by Texas law as "a device including a dildo or artificial vagina designed or marketed as useful primarily for the stimulation of human genital organs."

Gibson also said anyone who assists or encourages the sale also is considered guilty, but police refused to arrest Somethin' Sexy owner Gary Evans, who asked police to arrest him instead of the saleswoman.

Evans said he kept the sex toys in a separate cabinet, which only was opened upon request from customers.

"I just assumed it was OK to put them out, but we never put them out in plain sight," Evans said.

However, the investigating officer wrote in his affidavit that the fact that Evans made an effort to conceal the toys proved he knew they were illegal to sell.

John Grace, Lubbock County's assistant district attorney, did not comment specifically on the case, but specified that selling novelty items — products whose purpose is clearly not for sexual use — is not considered illegal according to the obscenity law.

"What’s considered obscene in L.A. is different than Lubbock and different than Des Moines," Grace said. "The community ultimately decides what is obscene."

Evans was unavailable for comment at press time, and it is unclear what his next legal step will be. He did say, however, that Somethin' Sexy remains open for business.

Copyright © 2025 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

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Blush Debuts 'Violet Vixen' Vibe From 'Temptasia' Collection

Blush has introduced the Violet Vixen vibrator from its Temptasia collection.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts PornHub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Orion Expands Cottelli 'Costumes' Line

Orion Wholesale has introduced three new outfits from its Cottelli Costumes line.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

Svakom, Kaotik Labs Named Presenting Sponsors of XBIZ Honors

Svakom and Kaotik Labs have signed on as the Presenting Sponsors of the retail edition of the 2026 XBIZ Honors.

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

XR Brands Expands 'Jock Advanced' Collection With 10 New Strokers

XR Brands has added 10 new strokers to its Jock Advanced line of male masturbators.

Orion Debuts 'Erecto' Collection From 'You2Toys' Line

Orion Wholesale has introduced the new Erecto cock ring collection from its You2Toys line.

Show More