Texas Sex Toy Ban Struck Down Yet Again
AUSTIN, TX — Texas Attorney General Greg Abbott has some serious problems with human orgasm – or such appears to be the case given his relentless campaign to reinstate a ban on the sale or marketing of sex toys. Fortunately for the sexually healthy citizens of his state, the 5th U.S. Circuit Court of Appeals has told him “no.”Abbott had appealed to the very court that had struck down the Texas law in February, stating that denying citizens the right to purchase or sell sexual devices was a violation of their right to privacy. Today’s ruling uphold the February decision and denied Abbott a hearing by the full panel of judges, as he had requested. Instead, the court suggested that any further appeal should be directed toward the U.S. Supreme Court.
Tom Kelley, a representative for Abbott, told the press that he was uncertain as to whether there would be a further appeal.
During 2004, the owners of Dreamer’s, Le Rouge Boutique, and Adam & Eve had sued in federal court to overturn the previous law, which made it illegal to sell or “promote obscene devices.” Although their case was initially dismissed by a federal judge who claimed the right to publicly advertise such items was not guaranteed by the Constitution, the companies successfully appealed the ban in February, when it was decided that the law violated 14th Amendment guarantees.