Wednesday, February 20, 2008
One of the most conservative U.S. appeals courts in the nation outlawed Texas' ban on sex toys last week, and local retailers could use the decision to overturn a local municipal ban. The 5th U.S. Circuit Court of Appeals ruled that a Texas law making it illegal to sell or promote obscene devices, punishable by jail time, violated the right to privacy guaranteed by the 14th Amendment.
The appeals court cited Lawrence and Garner v. Texas, a Supreme Court opinion that struck down bans on consensual sex in gay and lesbian couples.
McDowell Road Adult Video Store owner Charles Hobby said the city has repeatedly raided his store of its impressive line of jiggly-wigglies, and said the decision adds credence to something Hobby already knew.
"We feel the city had no damn sense at all regarding this issue," Hobby told the Jackson Free Press. "The attorneys that we're dealing with are trying to digest this decision and determine the best course of action to take, but that opinion was pretty clear in standing against everything that Texas was trying to do."