Georgia Sex Toy Ban Could Go to U.S. Supreme Court

SANDY SPRINGS, Ga. — The legal resolution of a suit brought against Atlanta suburb Sandy Springs’ reigning sex toy ban may not be so simple due to conflicting previous court rulings related to the issue.

The current city ordinance requires residents to obtain a prescription, or provide a medical or scientific reason, to buy a sexual device.

Melissa Davenport, a local woman who was diagnosed with multiple sclerosis, filed the suit against Sandy Springs, arguing that the ordinance encroaches on people’s privacy and blatantly violates the Fourteenth Amendment. She also said that sex toys saved her 24-year marriage after she began losing sensitivity in her genitals, which wreaked havoc on her sex life.

While Sandy Springs officials are poised to respond to the complaint in May, previous rulings on similar cases may make the court’s decision rather sticky — and the matter could potentially travel all the way up to the U.S. Supreme Court.

Scott Titshaw, a law professor at Mercer University in Macon, Georgia, explained that there have been two U.S. Court of Appeals cases on the subject in recent years: one the 11th Circuit (which includes Georgia) that upheld Alabama’s statewide ban on sex toys, and one in the neighboring 5th Circuit, which struck down a similar ban in Texas.

“Both [rulings] focused on the due process clause of the Fourteenth Amendment, but they parsed the Lawrence vs. Texas case – the Texas sodomy case – in very different ways,” Titshaw said. 

The U.S. Supreme Court may need to step in and resolve the divergent opinions of the 5th and 11th Circuits.

Related:  

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

Fantasy Gifts NJ Unveils 'Shave Stix' With Product Launch Event

Sexual wellness retailer Fantasy Gifts NJ introduced its new Shave Stix during a special event at its Lumberton location on April 17.

Motorbunny Now Available on 'Throne' Gift Platform

Motorbunny pleasure products are now available on Throne gift platform.

AV Bulletin: Age Verification Hits the Mainstream, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Honey's Place Now Distributing Camtoyz

Honey's Place is now distributing Camtoyz pleasure products.

ToyChats Announces Reviewer Incentives

Recently launched pleasure product review site ToyChats has announced a giveaway program for reviewers.

Paradise Marketing Acquires CondomMan

Paradise Marketing has acquired CondomMan distribution.

RIDMII Debuts New Sex Doll Collection

Pleasure brand RIDMII has introduced a new line of sex dolls.

VVD Debuts Combo Set With 'Vkini,' 'Rider Desire'

Pleasure brand VVD has debuted a new bundle with its Vkini vibrating bikini top and Rider Desire saddle.

B-Vibe Expands 'Butties' Collection, Debuts Harness Sets

B-Vibe has expanded its Butties collection with six new anal plugs and introduced two new harness sets.

Dame Acquires Chakrubs

Sexual wellness brand Dame has acquired luxury pleasure products company Chakrubs.

Show More