State's Sex-toy Ban Powerless?
Issue date: 27/02/08
Mississippi's law banning the advertising and sale of sex toys has been placed in jeopardy after the 5th Circuit U.S. Court of Appeals struck down a similar law in Texas, an official with the state attorney general's office says.
"It's still on the books, but the 5th Circuit ruling will make any defense of the law problematic," said Assistant Attorney General Harold Pizzetta. "It will put our statute in jeopardy."
Pizzetta said anyone cited under the state law will point to the court decision.
Harry V. Rosenthal of Pearl, the license holder for Secrets adult bookstore at 775 E. McDowell Road in Jackson, said he considers the Mississippi law negated after the ruling in the Texas case.
Rosenthal was charged last year by Jackson police with possessing sex toys for purchase or resale at the store.
The charge was remanded to file.
"If they charge us now, they can't take us to court," Rosenthal said.
Texas, Mississippi, Alabama and Virginia are the only states with obscene-devices statutes.
In the Texas case, Dreamer's and Le Rouge Boutique operates four retail stores that carry a stock of sexual devices for off-premises, private use. The owners of the company challenged the constitutionality of Texas' statute. Also, Adam & Eve Inc., which sells sexual devices by Internet and mail, joined in the challenge as an intervenor.
Adam & Eve had challenged Mississippi's law in state court in 2004, but the Mississippi Supreme Court upheld the constitutionality of the state law.
The 5th Circuit, in a ruling last week, said the issue was whether Texas' law places a burden on an individual's due process right to engage in private intimate conduct of his or her choosing.
The court said the answer to the question was yes.
"An individual who wants to legally use a safe sexual device during private intimate moments alone or with another is unable to legally purchase a device in Texas, which heavily burdens a constitutional right," the court said.
"Whatever one might think or believe about the use of these devices, government interference with their personal and private use violates the Constitution."
Source : http://www.clarionledger.com/