A lawmaker has proposed a bill in Texas that would ban the sale of sex toys in business establishments deemed not to be “sexually orientated”, including supermarkets and pharmacies.
The bill, HB 1549, was proposed by Republican state representative Hillary Hickland. It would see fines of up to $5,000 imposed if a company was found guilty of breaching the rule by selling “obscene devices” such as vibrators and penis strokers.
To be able to sell one of these so-called obscene devices in the state of Texas under the new proposed law, a business would have to qualify as being “sexually orientated”. These would include adult bookstores, sex parlors, adult video arcades, and other commercial enterprises that intend to provide “sexual stimulation” to customers.
The bill seems likely to have been introduced by Hickland in an attempt to stop mainstream stores selling sex toys. Supermarkets, general stores and pharmacies including Walmart, Target, Walgreens and CVS currently sell sex toys in the US.
Hickland said: “I will always fight to protect our children”.
In 2008, a state statute outlawing sex toy sales was overturned in the US, when a federal appeals court found it unconstitutional. As such, HB 1549 is unlikely to be signed into law.
It is, however, an indication of a minor retail culture clash taking place in sextech. Over the past decade more sextech companies have started branding their products as ‘wellness’ or ‘health’ devices, rather than just products providing enjoyment. This is often partly a tactic to list sex toys on more online retail platforms, which may have restrictive policies for products defined as sex-related rather than health-related.
It is also an indication of the stigma around sextech devices slowly eroding in many countries. More people are now happy to purchase them in mainstream stores rather than just discreetly online, and major retailers have been able to stock them without facing significant backlashes.
Hickland’s bill shows that the retailers haven’t made this expansion without making some culture war waves, however.
Sarah Stogner, Republican District Attorney for the West Texas District, called the bill “ridiculous”. She added that it made her want to “go to CVS, buy seven dildos and show up at the sheriff’s office and ask him to charge me with intent to distribute.”
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