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 Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Kheper Releases 'Intimacy Heart' Massagers

Kheper Games has debuted its new Intimacy Heart Massagers.

Magic Silk Debuts 'Rush' Collection

Magic Silk has introduced its new Rush line of intimate wear.

Zuzana Kasinski Joins Fleshlight Team

Zuzana Kasinski has joined Fleshlight and will lead the company’s European expansion.

Hankey's Toys Unveils 'Atlas' Anal Plug and 'Peak' Prostate Dildo

Mr. Hankey's Toys has debuted the Atlas anal plug and a new size of its Peak prostate dildo.

Arcwave Debuts 2 New Strokers

Arcwave has introduced its new Orbit and Thruster strokers.

LELO Debuts 'LELO Labs' Enhancements Line

LELO has introduced its new LELO Labs line of performance enhancers.

Adam & Eve Reveals Results of 'Bedroom Confidence' Survey

Adam & Eve has released the results of a survey asking respondents about their level of confidence in the bedroom.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

Show More