Burleson, Texas- Just hours after her client Joanne Webb had been issued a gag order, Webb’s attorney BeAnn Sisemore announced that she would challenge the Texas obscenity law in federal court or behalf of other clients who fear similar prosecution.
Johnson County Court at Law Judge Robert Mayfield issued the temporary gag order last week to everyone involved in the case against Webb who is accused of selling sex toys to undercover police officers last November. The order, which applies to facts in the case, is in place until a Feb, 12 hearing on a permanent gag order, also applies to Sisemore besides Webb, her family, witnesses and law enforcement officers. Prior to the gag order Webb had gone on national TV to plead her case and had been scheduled to be on ABC TV’s Prime Time this week.
Sisemore said she and other lawyers have been working for months on a lawsuit and were preparing to file next week in federal court on behalf of other plaintiffs to challenge the statute under which Webb is being prosecuted. Webb, 42, is charged with selling two sexual devices [dildos] which is considered a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine. Sisemore said the Texas obscenity law is so vague and broad that it could potentially be used to prosecute anyone using condoms.
According to Sisemore pleasure-enhanced condoms are sold by establishments like Wal-Mart and Eckerd’s. Sisemore said if those condoms are used for sexual pleasure, it violates Texas law. “This is about a law that is frightening for women all over Texas,” Sisemore said.