Lingerie Store Raid Options

[Psykopath]

http://www.kamc28.tv/news/default.asp?mode...ews&id=2323

The crack-down on sexually oriented businesses continues, this time, targeting a local lingerie shop.
Police raided the Somethin’ Sexy lingerie store at 53rd and Slide and arrested the clerk. The law states, you can`t have more than six of the same sexual item for sale. Several explicit items were confiscated during the raid.

The owner, who asked to remain anonymous, says the raid is a waste of resources.

"I think it`s unfair, I think it`s old fashioned” he says. “I`m sure they`ll be several people who will agree that the raid was necessary and these items should not be sold in Lubbock. But I also think a lot of people think that this is wasted man hour by the police department."

No court date has been set for the store clerk. But if convicted, she would have to register as a sex offender.

The shop remains open and the owner says they are selling everything that`s legal.

Strip Clubs, Chippendale's, Lingerie Shops...

Seriously, Lubbock...you backwards-ass, hick fucking community of fundamentalist bible-thumpers.... Is there not any better way to spend those police resources?!?

FUCK

[THECHICKEN]

Um... i doubt they are being charged with obscenity (and if they are the statute has been twisted it seems like)... considering the fact that "6 Identical items" in that statute refers to PRESUMING the person to be guilty of intent to distribute obscene material. If the material is obscene (and its a store that sells it) then you don't need the "6 item" thing.

(e) A person who promotes or wholesale promotes obscene
material or an obscene device or possesses the same with intent to
promote or wholesale promote it in the course of his business is
presumed to do so with knowledge of its content and character.
(f) A person who possesses six or more obscene devices or
identical or similar obscene articles is presumed to possess them
with intent to promote the same.

So yeah, im guessing its a zoning ordinance where in that zone you can't do the certain thing (over 6 items or what not) without being in violation of the zone and then maybe a presumtion of sex crime?

Seems like a wierd law honestly if it takes selling more than 6 to equal a crime....
If only i wasn't too lazy to use my law school resources to look it up haha. (writing a paper)

[James]

Um... i doubt they are being charged with obscenity (and if they are the statute has been twisted it seems like)... considering the fact that "6 Identical items" in that statute refers to PRESUMING the person to be guilty of intent to distribute obscene material. If the material is obscene (and its a store that sells it) then you don't need the "6 item" thing.
So yeah, im guessing its a zoning ordinance where in that zone you can't do the certain thing (over 6 items or what not) without being in violation of the zone and then maybe a presumtion of sex crime?

Seems like a wierd law honestly if it takes selling more than 6 to equal a crime....
If only i wasn't too lazy to use my law school resources to look it up haha. (writing a paper)

Nah, they're only presuming the person to be knowledgeable of the content and character of the material. Back to what the D.A. was talking about selling something as a sex toy vs selling something as a cake topping or whatever.

The more than six part is there to mean that any person owning more than six must have possessed so many because they intended to sell them. Not sure why their even mentioning this either since he was selling the stuff openly.

[THECHICKEN]

Nah, they're only presuming the person to be knowledgeable of the content and character of the material. Back to what the D.A. was talking about selling something as a sex toy vs selling something as a cake topping or whatever.

The more than six part is there to mean that any person owning more than six must have possessed so many because they intended to sell them. Not sure why their even mentioning this either since he was selling the stuff openly.

A person who possesses six or more obscene devices or
identical or similar obscene articles is presumed to possess them
with intent to promote the same.

No it means that with 6 you are presumed to have intent to sell (promote, whatever), thats all it means. And if you are a store actively selling them, then the 6 items doesn't matter. The 6 items says nothing to the obscenity. If its obscene... and you intend to sell it (a store) then they can get you. The 6 item thing isn't even a factor. thats why im confused (if it is indeed an obscenity violation)