Georgia Sex Toy Ban Could Go to U.S. Supreme Court

SANDY SPRINGS, Ga. — The legal resolution of a suit brought against Atlanta suburb Sandy Springs’ reigning sex toy ban may not be so simple due to conflicting previous court rulings related to the issue.

The current city ordinance requires residents to obtain a prescription, or provide a medical or scientific reason, to buy a sexual device.

Melissa Davenport, a local woman who was diagnosed with multiple sclerosis, filed the suit against Sandy Springs, arguing that the ordinance encroaches on people’s privacy and blatantly violates the Fourteenth Amendment. She also said that sex toys saved her 24-year marriage after she began losing sensitivity in her genitals, which wreaked havoc on her sex life.

While Sandy Springs officials are poised to respond to the complaint in May, previous rulings on similar cases may make the court’s decision rather sticky — and the matter could potentially travel all the way up to the U.S. Supreme Court.

Scott Titshaw, a law professor at Mercer University in Macon, Georgia, explained that there have been two U.S. Court of Appeals cases on the subject in recent years: one the 11th Circuit (which includes Georgia) that upheld Alabama’s statewide ban on sex toys, and one in the neighboring 5th Circuit, which struck down a similar ban in Texas.

“Both [rulings] focused on the due process clause of the Fourteenth Amendment, but they parsed the Lawrence vs. Texas case – the Texas sodomy case – in very different ways,” Titshaw said. 

The U.S. Supreme Court may need to step in and resolve the divergent opinions of the 5th and 11th Circuits.

Related:  

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

OFCOM Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

SCOTUS Won't Hear Appeal of NYC Adult Store Zoning Law

The U.S. Supreme Court has declined to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Tenga Marks 20th Anniversary With New 'Flip 360' Strokers

Pleasure brand Tenga is celebrating its 20th anniversary with the debut of its new Flip 360 stroker sleeves.

Wellness Brand 'Aia*' Launches

The wellness brand Aia* has officially launched.

Orion Debuts 5 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with five new styles.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Honey Play Box, Dildos Assorted Ink European Distro Deal

Honey Play Box has signed a deal with Dildos Assorted (DA) for distribution throughout Southern Europe.

Calvista, Lovense Sign Exclusive Australia/New Zealand Distro Deal for 'Spinel'

Calvista has signed an exclusive Australian and New Zealand distribution deal for Lovense's Spinel thrusting and heating dildo.

Blush Introduces 'Riana' Vibe

Blush has debuted the Riana vibrator.

Show More