Burleson, Tx- A Burleson woman plans to challenge the state’s obscenity law after she was arrested for selling erotic devices.

Joanne Webb, a former teacher and member of the Burleson Chamber of Commerce, faces criminal charges for selling what she calls “sensual products” or “marital aids.”

Mrs. Webb, who sells the products through a national company called Passion Parties Inc., was arrested after selling the erotic toys to two undercover police officers in October.

Under Texas law, owning the items is legal, but selling or promoting them as anything other than a “novelty” is not, according to Ms. Webb’s Fort Worth attorney, BeAnn Sisemore.

“The law shouldn’t be broader than what it’s designed to do,” said Ms. Sisemore, who said she plans on Monday to seek an injunction in the case against further enforcement of the law.

“If it’s legal to have it and legal to use it, then why is it illegal to sell it? You can lie about it and sell it, but if you tell people what these devices are and what they do, that’s against the law.

“I want someone to explain that to me, because that is flawed.”

Mrs. Webb and Ms. Sisemore have become outspoken advocates against the statute, garnering international attention for speaking out about what constitutes obscenity and seeking to clarify government’s role in governing personal and sexual liberty.

Burleson police officials, meanwhile, say that they’re clear in their prosecution of Mrs. Webb, who they say violated the law by selling the devices, which state law defines as obscene.

“The whole point that we find interesting is that Mrs. Webb and her attorney aren’t saying that she didn’t violate the law. They’re saying the law is unconstitutional,” said Sgt. Chris Havens, a police spokesman.

“We thought about the public view of it, but we have an obligation to uphold the law whether we agree with it or not.”

Mrs. Webb, 43, who has been married for 20 years and has three children, has been a Passion Parties consultant since June and, according to the company president, is the first in Passion Parties’ 10-year history to be charged with obscenity.

“It’s just bizarre,” said Pat Davis, the company president. “Hopefully, this case will help people realize that a law like this doesn’t have a place anymore.”

With 3,000 salespeople nationwide, the company posted $20 million in sales last year, she said.

Ms. Davis said consultants are responsible for knowing the laws in their states but, she said, those laws often vary, are often vague and enforcement is inconsistent.

Passion Parties gatherings – which also are conducted by three other sales consultants in Burleson alone – are described as Tupperware-type parties for groups, mainly women, who feel more comfortable buying the toys, bath products and lotions in a private home rather than at an adult bookstore or on the Internet.

Undercover police officers set up a meeting with Mrs. Webb after being told she was selling the items from her husband’s construction company office. She agreed to sell them several items after they declined an invitation to host a party.

Police officials said the county attorney agreed that police had made a good case based on the law. Officials in the county attorney’s office declined to comment.

According to the state’s obscenity code, an obscene device is an item designed to stimulate the genitals. Some adult stores avoid prosecution, officials said, by posting signs calling the devices “novelties.”

Although Mrs. Webb is charged with a misdemeanor, she said she feared she would not be able to teach again if she pleaded guilty and accepted a plea bargain.

“I considered selling Mary Kay, but I wanted to do something that I feel really helps couples,” Mrs. Webb said.

She said she was unprepared to become a sexual-rights spokeswoman, but she’s ready to fight.

“For women to become self-confident in their sexuality … that’s what I’m in this for,” she said.

Plus, Ms. Webb said, Burleson leaders knew about her business – it’s her unapologetic efforts to discuss sexuality with her female clients that ruffle feathers the most.

“She’s not very bashful about it,” said Sgt. Havens. “She talks about it like we talk about changing our oil.”