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 © 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

Brazil Launches Complaints Page for AV Violations, Other Issues

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

COTR Taps Dr. Alix Agar for Advisory Board

COTR has appointed Dr. Alix Agar to its medical and therapeutic advisory board.

CC Wellness Names Melody Cazarin Director of Strategic Accounts

JO parent company CC Wellness has appointed Melody Cazarin to the position of director of strategic accounts.

Orion Expands Cottelli 'Bondage' Line

Orion Wholesale has added five new lingerie sets to its Cottelli Bondage collection.

Full Circle Expands 'Savage Me' Line of Strokers

Full Circle has expanded its line of Savage Me strokers.

XR Brands Debuts 'Scarlet Seduction' Travel Set From 'Master Series' Line

XR Brands has introduced the Scarlet Seduction Leather Bondage Travel Set from its Master Series collection.

Morari Debuts 'MOR' Male Enhancement Patch

Sexual wellness brand Morari, Inc. has launched its new male enhancement patch, MOR.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Svakom Products Featured in Norwegian Public Sexual Health Program

Norway’s national welfare administration (NAV) has added two of Svakom’s pleasure products to its sexual health program.

Orion Debuts 'Rabbit Vibrator With Tickler' From Sweet Smile Line

Orion Wholesale has introduced the Rabbit Vibrator with G-Spot/Anal Tickler from its Sweet Smile line.

Show More