A Texas lawmaker has introduced a bill that would ban dildos and vibrators from pharmacies across the state, arguing that children should not be exposed to “obscene devices” while visiting drugstores.
H.B. 1549, authored by newly-elected state Representative Hillary Hickland, a Republican representing Temple, seeks to prohibit the sale of sex toys in businesses unless they are “sexually oriented.”
If passed, the bill would enable county or district attorneys to sue businesses in their jurisdictions if they’re caught violating the legislation. Officials could also bring $5,000 civil penalties against offenders. The act would take place immediately if it received two-thirds of the votes. If it does not, it will take effect on September 1.
The bill was pre-filed ahead of the 2025 legislative session and lawmakers have not been able to act on it. The legislation appears unlikely to advance considering a federal appeals court overturned a state statute outlawing sex toy sales in 2008, ruling it unconstitutional.
After introducing the bill, Hickland said: “I will always fight to protect our children,” in a statement posted to X.
You’re right. When it came up a few months ago I hadn’t actually read the obscenity statute. Now I have. And it’s still ridiculous. Makes me want to go to CVS, buy 7 dildos and show up at the sheriff’s office and ask him to charge me with intent to distribute. https://t.co/DoJuCahlwz
— Sarah Stogner (@Sarah4Texas) November 24, 2024
Sex toys are sold at major retailers, including CVS, Walmart, Target and Walgreens. The global sex toy industry was valued at $34.95bn in 2021 and is expected to be valued at $75bn by 2030. According to Statista, Amazon and online sex shops were the most popular for sex toy purchases in 2022.
Retail sex shops ranked third with 31 percent of sales.
Last month, another newly elected official, Sarah Stogner, a Republican District Attorney for the West Texas District, called the proposed legislation “ridiculous.” And said 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.”
She made the remarks in a heated exchange on X with State Republican Executive Committeewoman Christin Bentley, who praised Hickland for bringing the bill forward.
“Sex toys have no place on the shelves of family-friendly markets,” Bentley said on the platform. “These are simple, common-sense principles that align with the fundamental goal of protecting children.”
In response, Stogner wrote: “I see you’re still obsessed with dildos. Perhaps you should buy one and try it. Might make you less uptight.”
Alabama is currently the only state that bans the sale of sex toys except for limited purposes.
