Supreme Court Won’t Hear Sex Toy Case

WASHINGTON — The U.S. Supreme Court has refused to hear a case involving a Texas law banning the sale of sex toys shaped like sexual organs.

Ignacio Acosta, an employee at an adult bookstore in El Paso, Texas, was arrested for violating the law after he allegedly showed a penis-shaped sex toy to two undercover officers. According to a police report, Acosta allegedly told a female officer that the sex toy would arouse and gratify her.

Acosta challenged his arrest, arguing that the law was unconstitutional because it prevents individuals from using the sex toys in violation of their sexual privacy.

An El Paso County court agreed with Acosta, granting his motion to dismiss the criminal charges. But a state appeals court reversed the lower court’s ruling and reinstated the charges.

Acosta’s lawyer, Santa Monica, Calif.-based Roger Diamond, urged the U.S. Supreme Court to hear the case in light of conflicting rulings throughout the nation as to the sale of so-called obscene sex toys.

Colorado, Kansas and Louisiana courts have all weighed in saying that laws banning the sale of sex toys on obscenity grounds are unconstitutional.

Courts in Georgia, Mississippi and Texas have upheld sex toy bans.

“It’s kind of a stupid law,” Diamond told XBIZ. “We’re using this case as a kind of test case to challenge the constitutional issue.”

According to Diamond, retailers in states employing sex toy bans technically may be in violation of those laws, although he said many retailers protect themselves by saying the toys are for sold for artistic, medical or education use, thus raising possible defenses to the statutes.

The Texas law exempts sex toys sold for medical or educational purposes, Diamond said, but, in this case, Acosta was honest in his comments to the undercover officer when he told her what the device was intended to be used for. Many retailers sell their products and protect themselves from sex toy bans by using pretext, Diamond added.

The case will now go to the El Paso County court for trial.

Diamond said he was confident that Acosta would likely prevail at trial, although that would ironically extinguish the constitutional challenge.

The case is Ignacio Sergio Acosta vs. state of Texas, 05-1574.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Tonga Now Shipping 'Romantic Rose' Vibe From Blush

Tonga BV is now shipping the new Romantic Rose vibrator from Blush's Play With Me line.

Hankey's Toys Debuts 'Siswet Tentacle' Dildo

Mr. Hankey's Toys has introduced its new Siswet Tentacle Dildo.

Honey Play Box Introduces Red 'Puff' Kegel Trainer

Honey Play Box has debuted a new red edition of its Puff kegel trainer.

CB-X Unveils 'Guarded Galaxy' Chastity Kits

CB-X has unveiled its new Guarded Galaxy glitter chastity kit collection.

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

Pipedream Debuts PDX Elite 'Moto-Bator Pro' Stroker

Pipedream Products has introduced its new PDX Elite Moto-Bator Pro masturbator.

Our Erotic Journey Introduces New Packaging

Our Erotic Journey has debuted new packaging for re-releases of its top-selling products.

Pipedream Debuts Jimmyjane 'Touch-Me Pro' Vibe

Pipedream Products has introduced the new Touch-Me Pro vibrator from its Jimmyjane line.

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Full Circle Debuts Stroker Collection, Love Torsos

Pleasure brand Full Circle has introduced its new Blue Jean Girls stroker line and Royal Honeys love torsos for wholesale distribution.

Show More