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 © 2025 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

William Garland, Leigh Dedhar to Launch Doxy 2.0

U.K. pleasure brand Doxy's original founder, William Garland, has purchased the Doxy brand along with Leigh Dedhar and has announced the launch of Doxy 2.0.

Lovense 'Lush Mini' Spotlighted on Wired.com

Lovense’s Lush Mini has been spotlighted on Wired.com.

Autoblow Introduces AI Companions With Device Interface

Autoblow has debuted a new series of AI companions that can control the Autoblow Ultra stroker.

Motorbunny Expands 'Grip' Line With 'Fleshlight' Attachment

Motorbunny has added a new Fleshlight-compatible attachment to its Grip line of sex machine attachments.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Orion Unveils 3 New Styles From 'Noir Handmade' Line

Orion Wholesale has introduced three new styles from its Noir Handmade line.

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

A Look at the Growing Business of Artificial Companions Powered by AI, Advanced Materials

Step into any adult expo or consumer forum thread today and the evidence is unmistakable: the sex doll category is in the middle of a full-scale transformation.

Orion Debuts 'Masturbator 09' From 'WYNE' Collection

Orion Wholesale has introduced Masturbator 09 from its What You Never Expected (WYNE) line.

Hankey's Toys Introduces 'Big Pop Mushroom,' 'Xtra-Small Series IV' Dildos

Hankey's Toys has debuted its Big Pop Mushroom dildo and the new Xtra-Small Series IV line of dildos.

Show More