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

Je Joue to Debut Expanded 'ILY' Collection at EroSpain

Je Joue will introduce several new products from its ILY collection at the EroSpain trade show next month in Barcelona.

Magic Silk Debuts 'Daffodil Dreams' Collection

Magic Silk has introduced its new Daffodil Dreams line of lingerie.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Playboy Launches Model Search for Honey Birdette Lingerie Collab

Playboy has launched a global model search for the face of the company's exclusive collaboration with lingerie brand Honey Birdette.

Xgen Expands Distro Deal With East Coast News

Xgen Products has expanded its distribution deal with East Coast News (ECN), with the latter now carrying the Lapdance Lingerie and Envy Menswear lines.

Orion Debuts 'Beasty' Jumpsuits

Orion Wholesale has introduced its new Beasty Suits reptilian role-playing jumpsuits.

Eldorado to Host 'Virtual Elevation' Webinar With Lovehoney

Eldorado Trading will host its next "Virtual Elevation," a live, private webinar for retailers, featuring Lovehoney Group's John Marinello and Kim Card, and Eldorado Marketing Director Nathan Morimitsu, on April 23 at noon PDT.

Sportsheets Expands 'Shadow' Collection

Sportsheets has expanded the Shadow collection from its Sex & Mischief line of BDSM gear.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

COTR Acquires Together Brand

COTR, Inc. has acquired the assets and distribution rights of pleasure brand Together.

Show More