Burleson, Texas- An attorney for Joanne Webb, a Burleson woman accused by Johnson County authorities of violating an obscenity law by selling sexual devices, said she plans to move to dismiss the charge on constitutional grounds. Webb who was scheduled to do a phone in interview with KSEX a couple of weeks ago but backed out at the last minute, made her first appearance in court today

Webb’s attorney, BeAnn Sisemore said the Texas law that bans sales of sex toy also violates a right to privacy in sexual relationships granted by the Constitutipn. Sisemore and Webb appeared in County Court to receive the formal complaint against Webb and to file their first motions. Sisemore’s motion to dismiss argued that there is a constitutional right to fundamental privacy between adults in private, consensual sexual relationships. And the right to privacy encompasses the right to use sexual devices. The law allows possession but blocks the sale of sexual devices and so interferes with the user’s rights by blocking their purchase, Sisemore argued. Sale of a sex toy is considered a Class A midemeanor punishable by a year in jail and a $4,000 fine.

Webb distributes Passion Parties in gatherings similar to Tupperware parties in which the devices are sold only to women 18 and older. Webb surrendered to police Nov. 13 after learning police had conducted an undercover buy from her of two sex toys and decided to file charges. She was released on $1500 bail..