Supreme Court Won’t Hear Sex Toy Case

WASHINGTON — The U.S. Supreme Court has refused to hear a case involving a Texas law banning the sale of sex toys shaped like sexual organs.

Ignacio Acosta, an employee at an adult bookstore in El Paso, Texas, was arrested for violating the law after he allegedly showed a penis-shaped sex toy to two undercover officers. According to a police report, Acosta allegedly told a female officer that the sex toy would arouse and gratify her.

Acosta challenged his arrest, arguing that the law was unconstitutional because it prevents individuals from using the sex toys in violation of their sexual privacy.

An El Paso County court agreed with Acosta, granting his motion to dismiss the criminal charges. But a state appeals court reversed the lower court’s ruling and reinstated the charges.

Acosta’s lawyer, Santa Monica, Calif.-based Roger Diamond, urged the U.S. Supreme Court to hear the case in light of conflicting rulings throughout the nation as to the sale of so-called obscene sex toys.

Colorado, Kansas and Louisiana courts have all weighed in saying that laws banning the sale of sex toys on obscenity grounds are unconstitutional.

Courts in Georgia, Mississippi and Texas have upheld sex toy bans.

“It’s kind of a stupid law,” Diamond told XBIZ. “We’re using this case as a kind of test case to challenge the constitutional issue.”

According to Diamond, retailers in states employing sex toy bans technically may be in violation of those laws, although he said many retailers protect themselves by saying the toys are for sold for artistic, medical or education use, thus raising possible defenses to the statutes.

The Texas law exempts sex toys sold for medical or educational purposes, Diamond said, but, in this case, Acosta was honest in his comments to the undercover officer when he told her what the device was intended to be used for. Many retailers sell their products and protect themselves from sex toy bans by using pretext, Diamond added.

The case will now go to the El Paso County court for trial.

Diamond said he was confident that Acosta would likely prevail at trial, although that would ironically extinguish the constitutional challenge.

The case is Ignacio Sergio Acosta vs. state of Texas, 05-1574.

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

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

Lucom USA Partners With 'The Goat' Enhancement Strip

Lucom USA has teamed up with enhancement strip brand The Goat as master distribution partner and selling arm for its products.

Eye of Love Candles Featured at 'Patti Stanger: The Matchmaker' Launch Party

Eye of Love's pheromone candles were featured this week at the New York launch party for the CW reality show "Patti Stanger: The Matchmaker."

FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

Free Speech Coalition (FSC) filed a petition for certiorari on Friday asking the U.S. Supreme Court to overturn the Fifth Circuit panel decision that partially upheld Texas’ controversial age verification law.

Tonga Expands Dreamtoys Startroopers Collection

Tonga has added six anal stimulation toys to its space-themed Dreamtoys Startroopers collection.

LELO Surveys Top 10 Countries With the Best Sex Ed

LELO has revealed the results of its recent study ranking the 10 countries with the best sex education.

Details Emerge About Capture, Arrest of GirlsDoPorn's Michael Pratt

Further details have emerged in the past week about the capture and arrest of GirlsDoPorn owner Michael Pratt in Spain in December 2022, following his extradition to the U.S. last month.

Playharda Wholesale Appoints Beth Heron as Accounts Manager

Playharda Wholesale has appointed Beth Heron as its newest accounts manager.

Show More