For my friends in Texas and Mississippi
Feb. 16th, 2008 10:11 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
patgund5th Circuit Overturns Texas Sex Toys Ban
"A federal appeals court has overturned a Texas statute outlawing sex toy sales, essentially leaving Alabama as the only state with such a ban.
The 5th U.S. Circuit Court of Appeals ruled that the Texas law making it illegal to sell or promote obscene devices, punishable by up to two years in jail, violated the Constitution's 14th Amendment on the right to privacy.
Companies that own Dreamer's and Le Rouge Boutique, which sell the devices in its Austin, Texas, stores, and the retail distributor Adam & Eve, sued in Austin federal court in 2004 over the constitutionality of the law. They appealed after a federal judge dismissed the suit and said the Constitution did not protect their right to publicly promote such devices."
Also:
""I think it's wonderful, but it does seem to me that since Texas was one of three states in the country -- along with Mississippi and Alabama -- that continued to outlaw the sale of sex toys and vibrators, that it was probably past time," Harvey said Wednesday.
Alabama is in the 11th Circuit. But Mississippi, which also is in the 5th Circuit, essentially will have its ban overturned as well, some legal experts said."
"A federal appeals court has overturned a Texas statute outlawing sex toy sales, essentially leaving Alabama as the only state with such a ban.
The 5th U.S. Circuit Court of Appeals ruled that the Texas law making it illegal to sell or promote obscene devices, punishable by up to two years in jail, violated the Constitution's 14th Amendment on the right to privacy.
Companies that own Dreamer's and Le Rouge Boutique, which sell the devices in its Austin, Texas, stores, and the retail distributor Adam & Eve, sued in Austin federal court in 2004 over the constitutionality of the law. They appealed after a federal judge dismissed the suit and said the Constitution did not protect their right to publicly promote such devices."
Also:
""I think it's wonderful, but it does seem to me that since Texas was one of three states in the country -- along with Mississippi and Alabama -- that continued to outlaw the sale of sex toys and vibrators, that it was probably past time," Harvey said Wednesday.
Alabama is in the 11th Circuit. But Mississippi, which also is in the 5th Circuit, essentially will have its ban overturned as well, some legal experts said."
