Texas Ban On Sex Toy Sales Overturned

Federal Appeals Court Rules Law Violates Right To Privacy; Alabama Now Has Strictest Ban

(AP)  A federal appeals court has overturned a statute outlawing sex toy sales in Texas, one of the last states - all in the South - to retain such a ban.

The 5th U.S. Circuit Court of Appeals ruled that the Texas law making it illegal to sell or promote obscene devices, punishable by as many as two years in jail, violated the right to privacy guaranteed by the 14th Amendment.

Companies that own Dreamer's and Le Rouge Boutique, which sell the devices in its Austin stores, and the retail distributor Adam & Eve sued in federal court in Austin in 2004 over the constitutionality of the law. They appealed after a federal judge dismissed the suit and said the Constitution did not protect their right to publicly promote such devices.

In its decision Tuesday, the appeals court cited Lawrence and Garner v. Texas, the U.S. Supreme Court's 2003 opinion that struck down bans on consensual sex between same-sex couples.

"Just as in Lawrence, the state here wants to use its laws to enforce a public moral code by restricting private intimate conduct," the appeals judges wrote. "The case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the state is morally opposed to a certain type of consensual private intimate conduct. This is an insufficient justification after Lawrence."

The Texas attorney general's office, which represented the Travis County district attorney in the case, has not decided whether to appeal, said agency spokesman Tom Kelley.

Phil Harvey, president of Adam & Eve Inc., said the 5th Circuit Court's decision was a big step forward. He said his business plans to expand to sell in stores and at home parties, something company consultants had been fearful of doing because of the Texas law.

"I think it's wonderful, but it does seem to me that since Texas was one of three states in the country - along with Mississippi and Alabama - that continued to outlaw the sale of sex toys and vibrators, that it was probably past time," Harvey said Wednesday.

Alabama is in the 11th Circuit. But now it's unlikely that the law in Mississippi, which also is in the 5th Circuit, will be prosecuted, some legal experts said.

Virginia's law barring obscene items is a bit different from other state laws and does not appear to apply to sex toy sales, said Harvey, whose company distributes nationwide.

Louisiana, Kansas, Colorado and Georgia had laws barring obscene devices, but courts have since struck them down. The 11th Circuit Court of Appeals struck down a Georgia law banning the advertising of sex toys, which can be sold under some approved circumstances.

The 5th Circuit Court's decision is encouraging for Sherri Williams, who has been fighting the issue in Alabama for a decade. Williams, who owns Pleasures stores in Alabama, sued in 1998 after state lawmakers banned the sale of sex toys there. A year ago, she lost her fight again when the U.S. Supreme Court refused to consider a lower court decision upholding the Alabama law as constitutional.

Williams hopes that lawmakers will take notice of the recent Texas case and support a newly filed bill in the Alabama Legislature to overturn the ban on adult toy sales.

"I think the courts are finally listening to the people," Williams said Wednesday. "You have 'Sex and the City,' 'Desperate Housewives' and other shows promoting what society is doing. I think the courts have finally opened their eyes and looked around, which is a miracle in the South."

[misands]

Wow, they really love their big government and prisons in the South. And to think that they actually would lock people up for two years in Texas for selling a vibrator! Amazingly backwards!!
I wonder when the people in Texas will wake up and realize what a laughing-stock they are to the rest of the country.

[downtowner97]

I am guessing that until now, the grocery stores in Texas sold only sliced cucombers.

[stupidrules3]

Schoollord says,
We need to reduce the prevalence of *** in America.

[grammawhamma]

So who decides what an obscene device is? What a joke!

downtowner: That was too funny!! LOL

[watcher269-2009]

Did Bush veto this?

What else would Bush and Condi do on weekends if not for *** Toys?

Anyway - Texas has the most Strip Clubs per Capita of any state in the World - except maybe for the Washington DC.

[samrensho]

I''ll bet Georgie got Laura a BIG one for Valentines day. Maybe a little something for Sleezy Leezie too.

[hokuto1]

"I wonder when the people in Texas will wake up and realize what a laughing-stock they are to the rest of the country."

Probably about the same time they quit believing that creationism is science.

[closethippy1]

And these are the folks that will scream at you with the reddest face what a free country the US is, love it or leave it, and all that nonsense.
I wonder what else is illegal in Texas? The freaking south has always managed to throw the rest of the country out of balance.
And now we have to put up with that s.hit about Intelligent Design coming from the south, too.
Here in Florida I went to see a debate between a preacher and a science teacher about evolution. The first 10 minutes was very polite and civil when all of a sudden the preacher began to scream at the teacher: "You liberals want to shove your agenda down our thoats so you can corrupt our children and take advantage of them... etc, etc, etc."
Everybody in the audience froze. It was truly a sad moment. Where did all this anger come from? What do they think we want to do to them?
Why are these folks so defensive and hate people who are minding their business and doing their jobs as if they are traitors to the country?

[pensacola88]

Another unconstitutional ruling against Texas. Here is another example of what happens when conservatives band together and pass a law about morality.

Millions of tax dollars were wasted on this law and thousands of angry citizens caused by a few self-righteous people.

The disfunctional Texas government only convenes every two years for 90 days to pass state budget and legislate compliance to federal mandates. No one advocates for the average citizen at state level, because county and city layers of government have to fend for theirselves and often pass unconstitutional laws.

I have advice for TEXAS: Get another constitution and a full time legislature!! What you have now is an antiquated system of government that is not serving the best interests of Texans. It is one court fight to the next...unconstitutional school funding, municipal ordinances, cleaner air, taxation, and by the way...Get an state income tax and a full time legislature and respond to your problems faster!!!!

Texas is on parity with third world countries for self-governing capacity. Just about anyone can move in and buy the governor''s election and call it political experience and run for president on claims that they have political experience.

This article proves that a church can buy a politician and have an unconstitutional law created, with no judicial hurdles to clear. ABSURD WAY TO LIVE!!

[skyk-2009]

Texas is on parity with third world countries for self-governing capacity. Just about anyone can move in and buy the governor''''s election and call it political experience and run for president on claims that they have political experience.

This article proves that a church can buy a politician and have an unconstitutional law created, with no judicial hurdles to clear. ABSURD WAY TO LIVE!!


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Posted by Pensacola88 at 05:41 AM : Feb 14, 2008
+ report abuse

Pensacola, I just do not know how it can be said any better. Well DONE!! Now if the people of that backward state will listen MAYBE they can pull themselves into the 21st century before it''s over.

[kevzgrl]

Whew - that''s a relief. Now, I won''t have to worry about taking a toy or two with us when we go to visit our relatives in Texas!!!
Pity the idiot legislature here in Ohio obviously went to the same school as those in TX - last year they passed a law that shuts down adult oriented businesses from midnight to 6am, and no more lap dances/touching in strip clubs, with a 6 FT distance between patrons/dancers. Like ALL crime in our state is a direct result of adult activities and ONLY occurs between midnight and 6am - there really should have been something better they could have worked on, perhaps GETTING THE SCHOOL FUNDING ISSUE RIGHT THIS TIME, after being told in 5 or 6 separate supreme court decisions that it is currently UNCONSTITUTIONAL!!!

[paganwitch]

Banning s*e*x toys or any kind of s*e*x between consenting adults is basically the government over-stepping its bounds.

Good for the courts for telling Texas that it was stupid.

[rushlimpdrug]

I wonder what Exhibit "A" was.

[mcvet]

What kind of people are SO screwed up in the mind that they feel it''s THEIR right to determine for OTHER people what is or is NOT a *** Toy? I mean even the Nazi''s of the Third Reich weren''t as bad as these pathetic creatures!! Sieg Heil Y''all!!

[zootallures2]

She''s just like a penguin in bondage, boy.

Lord, you know it must be a Penguin bound down
When you hear that terrible screamin'' sound and
There ain''t no other
Birds around

LOL!

[zootallures2]

Out and over to some antartic-ulated moon

[excoachken]

Although "Jury Duty" is usually very booooorrrrrring, I''ll bet people were jumping the line to be on this one, and the judge never had to wake one of them up during testimony, either.

[zootallures2]

So, I''m like wondering, is there like a... quality inspection and rework and um like are the flash trimmers called circumsizers at the plastics factory? Are there engineers who design a new model? Must be quite a silly job

[zootallures2]

And here we have exibit ''A''

[zootallures2]

The right to bare s*x toys

[zootallures2]

Where oh where is Josilin Elders?

[nikkicatt1]

I have one question for the idiots from Florida: What gives you the right to dictate how the citizens of Texas live? If the majority of citizens does not want these items sold, then that should be the law. While I agree that what you do behind closed doors is your business, I don''t like my grandkids seeing "Zone Erotica" across from their school. Maybe if this country had a little more Moral Fiber, the rest of the world would stop calling us Satan.

[jonsid2]

In answer to ...closethippy1 post:


It''s all about feeling safe. If all government was religious I would feel afraid because I would fear discrimination because I''m not religious. If all government was secular and I was the only one who was religious I would feel the same fear of discrimination. This is what makes it difficult to eliminate all references to religion in government or to make government all religious.

[nothappyatall]

"If the majority of citizens does not want these items sold, then that should be the law."

By that logic, if the majority dont want blacks living in their state, they should be able to evict all black people right?

"I dont like my grandkids seeing "Zone Erotica" across from their school."

Then the store should be in a commercial zoned area like a bar, but they are a LEGAL BUSINESS and their taxes as well as sales tax collected PAY for YOUR school!


"Maybe if this country had a little more Moral Fiber, the rest of the world would stop calling us Satan."

Posted by nikkicatt1

Has nothing to do with sales of *** toys to consenting adults, the call us the great satan because of how our foreign policy has caused the deaths of hundreds of thousands, and because we bully, blackmail and threaten other countries, create embargos and sanctions to force other countries to do what WE want them to do, and when that fails we simply bom or invade them, and THAT is why we are known as the great satan.

[tomanyt]

nikkicatt1...What harm is seeing "Zone Erotica" going to do to your grandkids???

[jjp735i]

The Republican Taliban (aka the Religious Right) has brought extremism to a new low in America. When will they stop demanding the right to control what adults do in the privacy of their own homes?

The worst thing about the Republican Taliban is that they do everything they demand others not do. Hookers, gay ***, bribes, drugs and so on are a practiced part of the Religious Right. But they condem you for doing the same thing. What false profits they are.

[slim1h2o]

The worst thing about the Republican Taliban is that they do everything they demand others not do. Hookers, gay ***, bribes, drugs and so on are a practiced part of the Religious Right. But they condem you for doing the same thing. What false profits they are.

Posted by jjp735i at 08:48 AM : Feb 14, 2008

No,,they have huge profits, from contributors. And if you meant prophets,,that would be wrong too. They are scum sucking politicians, that''s doing great harm to this country, with some of these ignorant laws they pass. And yet,,do nothing, or next to nothing, on the important issues,,i.e. Illegals,,homelessness,,medical issues,,etc...etc..I could go on, but won''t. You get my point.

[maggg1]

Gee, I lived in Plano, TX for 6 years and there were 2 "toy" shops there that I shopped at. This is the first I have ever heard of a ban on *** toys there. It definitely was never enforced.

[rplat]

Oh yes, keep those *** toys coming . . . we certainly wouldn''t want to upset the perverts in this sick country.

[briannorwood]

The sheep will sleep a little more soundly in Texas tonight!

[jochitragman]

"Texas Ban On *** Toy Sales Overturned"

OMG! Praise Jaysus!! Can I hear an AAHHMEN!

[afmca]

The Christian Taliban want the same control as the Islamic Taliban -- they are closer to each other than to the people in their own country. Organized religion wants to start WW III - and they are using religious and ethnic bigotry and intolerance to fuel the flames. That the Republican Party and their Prophets for Profit see this as the ultimate scam to gain power and increase wealth are lost on these brain-dead bigots. They live in fear because of their own ignorance.

[simonsez40]

Gee, I lived in Plano, TX for 6 years and there were 2 "toy" shops there that I shopped at. This is the first I have ever heard of a ban on *** toys there. It definitely was never enforced.

Posted by maggg1

Magg if you noticed what was on your purchase most had a note on them saying those devices were CAKE TOPPERS - it was a way to get around the antiquated law. Texas is known for having stupid and ancient laws on its books! Now if we could get the entire state from worshipping and voting for Republicans in droves maybe there is hope for my great state!

[maggg1]

rplat,

So you are saying that everyone that uses *** toys are perverts? And you have never m*sterb*ted! What a hipocrit you are.

[schwagnation]

"That the Republican Party and their Prophets for Profit see this as the ultimate scam to gain power and increase wealth are lost on these brain-dead bigots. They live in fear because of their own ignorance."

Not all Republicans are part of the religious right. Some of us just dont like to see a bunch of lazy people expecting to live of the government or feel its neccessary to pay for other people.

I''m about as socially liberal as they come but I vote republican because I dont think my tax dollars need to fund the lazy.

[gunownerdan]

When dild0s are outlawed, only outlaws will have dild0s.

[quetzal0666]

Now That its legal and its Feb 14th.....
je je je.......

[mkbjon]

Once again, every freaking argument in this world boils down to one simple reason. You won''t do what I want you to do. Live the way I want you to, speak the way I want you to, die when I want you to---DO WHAT I WANT YOU TO DO. It''s never enough for some people to have the right to live their lives in the manner of their choosing. YOU have to do it too. And the sickest fact of the matter (and they actually did a scientific study about this) is that when some people have enough power to actually make others live by a set of rules, they feel that they have achieved the divine right to no longer have to follow those rules themselves. Shouldn''t the Ridiculous---oops, I mean Religious Right be at a church meeting or out adopting all of those unaborted orphans they purport to care about so much, instead of trying to see what people are doing in their own bedrooms?

[mcvet]

Once again, every freaking argument in this world boils down to one simple reason. You won''''t do what I want you to do. Live the way I want you to, speak the way I want you to, die when I want you to---DO WHAT I WANT YOU TO DO. It''''s never enough for some people to have the right to live their lives in the manner of their choosing. YOU have to do it too. And the sickest fact of the matter (and they actually did a scientific study about this) is that when some people have enough power to actually make others live by a set of rules, they feel that they have achieved the divine right to no longer have to follow those rules themselves. Shouldn''''t the Ridiculous---oops, I mean Religious Right be at a church meeting or out adopting all of those unaborted orphans they purport to care about so much, instead of trying to see what people are doing in their own bedrooms?


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Posted by mkbjon at 09:52 AM : Feb 14, 2008
+ report abuse

I just do not know how it can be said any better than this. Are you LISTENING Religious Reich?? Sieg Heil and Amen

[slim1h2o]

I do McVet,, and shorter too.

Put quite simply.....Live, and let Live!

[mcvet]

Not all Republicans are part of the religious right. Some of us just dont like to see a bunch of lazy people expecting to live of the government or feel its neccessary to pay for other people.

I''''m about as socially liberal as they come but I vote republican because I dont think my tax dollars need to fund the lazy.


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Posted by SchwagNation at 09:45 AM : Feb 14, 2008
+ report abuse

So what you are saying is YOU are willing to put up with the Religious Reich for the power to hate those who YOU think are lazy? Makes perfect sense! When you start caring more for your country than you do your wallet People like those who made these laws will have NO power. The Republican Party is being run by these bigots and you need to look no further than the White House. Sieg Heil Bush!!

[mcvet]

I do McVet,, and shorter too.

Put quite simply.....Live, and let Live!


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Posted by slim1h2o at 10:05 AM : Feb 14, 2008
+ report abuse

The problem with that is that to those in the Religious Reich live and let live is fine as long as it''s within THEIR rules. You make that statement to one of them and they will agree. Sieg Heil and Amen

[micma-2009]

Oh good, now singinrick can get that huge *** he''s been dreaming about.

[puzzler125]

Why would they need to ban them? Everybody knows they''re for tired muscles, aches and pains ; ). Happy Valentine''s Day!

[simonsez40]

Simply put the government needs to stay out of the privacy of our bedrooms and start working on the messes they''ve made of our nation and states! They keep passing more laws to GOVERN - and yet they can''t uphold the ones that have been in place for years! Stop chasing pot-growers and make it legal - tax it and control it - use all those billions of dollars on healthcare or real crime clean up. Address immigration, prescriptions costs, alternative fuel options, resources to help the impoverished of our country support themselves, eradicate hunger in our own nation, pay back our national debt....oh yeah and there is this little problem/quagmire we have in Iraq and Afghanistan..........

[klingon69]

Gee, I lived in Plano, TX for 6 years and there were 2 "toy" shops there that I shopped at. This is the first I have ever heard of a ban on *** toys there. It definitely was never enforced.
Posted by maggg1 at 09:16 AM : Feb 14, 2008
I lived and worked in Dallas in 86-88. All along Harry Hines Blvd, there were prostitutes, girlie clubs, and adult stores. I also never heard of any ban.

[simonsez40]

There was a ban in place but stores got around the issue of toys because they SOLD THEM AS CAKE TOPPERS. Harry Hines has been cleaned up a lot - still has Massage Parlours and Toy Shops - but not as many scary working girls........

[bm6005]

Some of us just dont like to see a bunch of lazy people expecting to live of the government or feel its neccessary to pay for other people.
Posted by SchwagNation

Another compassionate conservative here. Is it OK to waste trillions on our foreign policy so that you feel OK that no American is getting anything for free? Good economic sense here. I consider myself a social liberal and a fiscal conservative myself but I see corporate welfare as wasting MUCH MORE of our money just in uncollected taxes. Why should companies be rewarded for offshoring our wealth? Why should companies be given no bid contracts because of connections? Welfare to citizens is chump change in this country as compared to corporate welfare. But they don''t want you to see that.

[klingon69]

There was a ban in place but stores got around the issue of toys because they SOLD THEM AS CAKE TOPPERS. Harry Hines has been cleaned up a lot - still has Massage Parlours and Toy Shops - but not as many scary working girls........
Posted by simonsez40 at 10:27 AM : Feb 14, 2008
As a security officer, one of my posts back then was on Harry Hines. I definately agree about the scary girls. No wonder they only came out at night. I took the wife and son down to Dallas a couple of years ago. Was going to show them some of the areas I worked, but couldn''t find any of them. All I saw on Harry Hines was hospitals and clinics now.

[taddles-2009]

WOOHOO! Texans can finally buy a *** and go f**k themselves.