Texas Ban On Sex Toy Sales Overturned
Federal Appeals Court Rules Law Violates Right To Privacy; Alabama Now Has Strictest Ban
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(CBS/AP)
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.
Louisiana, Kansas, Colorado and Georgia had laws barring obscene devices, but courts have since struck them down.
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."
© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.



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See all 105 CommentsI wonder when the people in Texas will wake up and realize what a laughing-stock they are to the rest of the country.
We need to reduce the prevalence of *** in America.
downtowner: That was too funny!! LOL
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.
Probably about the same time they quit believing that creationism is science.
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?
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!!
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
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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.
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!!!
Good for the courts for telling Texas that it was stupid.
I wonder what Exhibit "A" was.
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!
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.
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.
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.
The sheep will sleep a little more soundly in Texas tonight!
OMG! Praise Jaysus!! Can I hear an AAHHMEN!
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!
So you are saying that everyone that uses *** toys are perverts? And you have never m*sterb*ted! What a hipocrit you are.
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.
je je je.......
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Posted by mkbjon at 09:52 AM : Feb 14, 2008
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I just do not know how it can be said any better than this. Are you LISTENING Religious Reich?? Sieg Heil and Amen
Put quite simply.....Live, and let Live!
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
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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!!
Put quite simply.....Live, and let Live!
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Posted by slim1h2o at 10:05 AM : Feb 14, 2008
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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
Oh good, now singinrick can get that huge *** he''s been dreaming about.
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.
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.
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.
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