U.S. Justices Deny Review of Sandy Springs Sex Toy Case

U.S. Justices Deny Review of Sandy Springs Sex Toy Case

WASHINGTON — The U.S. Supreme Court this week denied review of a lawsuit against the city of Sandy Springs, Ga., which imposed a ban on sex toy sales after it incorporated in 2005.

With the review denied at the high court, the city won’t have to pay a financial penalty for a law that may have been unconstitutional.

Last year, Sandy Springs deleted the sex toy ban ordinance on the eve of an 11th U.S. Circuit Court of Appeals decision that likely would have found its sex toy ban law unconstitutional. The 11th Circuit, as a result, ruled the case moot.

But plaintiffs argued the case, Davenport v. Sandy Springs, should have continued with nominal damages imposed and asked the U.S. Supreme Court to decide.

This week, U.S. justices declined to take the case.

Numerous civil liberties groups sided with the plaintiffs and filed amicus briefs, stating a concern that government was getting a free pass at violating the Constitution by deleting a law at the last minute of a court challenge.

Sandy Springs contended, however, that no one was harmed with the sex toy ban ordinance because it was never enforced. The ordinance prohibited the sale, rental or lease of “obscene” material.

The legal challenge was brought by the adult stores Flanigan’s and Inserection, which sought to sell the banned sex toys and novelties, along with Melissa Davenport, who suffers from multiple sclerosis and said she uses sexual toys with her husband to facilitate intimacy, and Marshall Henry, an artist who uses the devices in his artwork.

Davenport and Henry contended they have a fundamental right to engage in acts of private, consensual sexual intimacy and said the Sandy Springs ban placed a burden on that right.

The appellants argued the ban violated the due process clause of the 14th Amendment of the Constitution.

But Sandy Springs, just prior to the likely adverse decision at the 11th Circuit, deleted the sex toy-ban ordinance.

Copyright © 2024 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

Blush to Sponsor Networking Happy Hour at XBIZ Expo

Pleasure brand Blush is sponsoring a happy hour at the upcoming XBIZ Expo, reinforcing the event’s focus on building connections and fostering collaboration.

Passionate Playground, Thunderpussy Collab on Custom 'Joyboxx'

Passionate Playground and Seattle-based female rock band Thunderpussy have collaborated on a branded custom Joyboxx.

Honey Play Box Debuts 'Gem' Vibrator

Honey Play Box has introduced its new Gem vibrator.

DV8 Dare Marks Its 10th Anniversary

The Deviate Network is celebrating the 10-year anniversary of its DV8 Dare line of pleasure products.

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Full Circle Introduces 'Be Savage' Apparel Collection

Full Circle Distribution has debuted the new Be Savage collection of lingerie, dresses, and accessories.

Blush Debuts 'Quantum X' Stroker From 'M for Men' Line

Blush has introduced the new Quantum X thrusting stroker from its M for Men line.

Angel Bermudez of Evolved Novelties Passes Away at 52

Angel Bermudez, a valued and integral member of the sales team at Evolved Novelties, passed away on Saturday, Dec. 14, at his home in Miami. He was 52.

Satisfyer, Kourtney Kardashian's Poosh.com Partner on Celebrity VIP Gift Box

Satisfyer has partnered with Kourtney Kardashian’s lifestyle site, Poosh, which will include the pleasure brand's Satisfyer Pro 2 Generation 2 Air Pulse Vibrator in the Poosh Celebrity VIP Gift Box.

Show More