RELIABLE CONSULTANTS, INC. v. EARLE

No. 06-51067.

517 F.3d 738 (2008)

RELIABLE CONSULTANTS, INC., doing business as Dreamer's and Le Rouge Boutique, Plaintiff-Appellant, PHE, Inc., doing business as Adam and Eve, Inc., Intervenor-Plaintiff-Appellant, v. Ronnie EARLE, in his official capacity only, Travis County District Attorney, Defendant-Appellee, State of Texas, Intervenor-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 2008.


Attorney(s) appearing for the Case

H. Louis Sirkin (argued), Jennifer Marie Kinsley, Sirkin, Pinales & Schwartz, LLP, Cincinnati, OH, for Plaintiff-Appellant.

Elaine Agnes Casas, Jennifer Kraber, Austin, TX, for Earle.

Bill L. Davis (argued), Austin, TX, for State of Texas.

Before REAVLEY, BARKSDALE and PRADO, Circuit Judges.


REAVLEY, Circuit Judge:

This case assesses the constitutionality of a Texas statute making it a crime to promote or sell sexual devices. The district court upheld the statute's constitutionality and granted the State's motion to dismiss for failure to state a claim. We reverse the judgment and hold that the statute has provisions that violate the Fourteenth Amendment of the U.S. Constitution.

I. The Statute

The forerunner of Texas's obscenity statute...

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