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 © 2026 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

Full Circle Debuts 'Savage Sex Sauce' Lube Collection

Full Circle has introduced its Savage Sex Sauce collection of lubricants.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Sustory Debuts 'Rex' Tapered Dildo

Pleasure brand Sustory has introduced its new Rex tapered dildo.

Kheper Releases New 'Sex Tower' Couples Game

Kheper Games has released its new Sex Tower couples game.

Mylo Unveils New 3-in-1 Massager

Pleasure brand Mylo has debuted its three-in-one massage wand.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added two sex swings to its Bad Kitty collection of fetish accessories.

Wellness Brand Mila Raises $2.5M in Pre-Seed Funding Round

New sexual wellness brand Mila has raised $2.5 million in pre-seed funding.

Our Erotic Journey to Debut New App, Pleasure Products at ANME

Our Erotic Journey will introduce its new OEJ Remote App as well as six compatible new devices at ANME trade show in Burbank next month.

Blush Debuts 'Twin Python' From 'Temptasia' Line

Blush has introduced the Twin Python from the Serpent Collection of its Temptasia line.

Sportsheets Names Donavon Dartez General Manager

Sportsheets has appointed Donavon Dartez as its new general manager.

Show More