Supreme Court Refuses to Hear Sex Store Case

MARIETTA, Ga. – The U.S. Supreme Court this week refused to hear an appeal filed by owners of three adult entertainment stores shut down in 2003.

Representatives for stores Intersection, Starship and Water Pipe, had asked the court to overturn a decision by Marietta’s business license manager to revoke their permits for violating a city ordinance restricting the sale of sex toys.

While sexually explicit material is protected by the First Amendment, Georgia law prohibits the sale of sex toys. In addition, the city has an 11-page ordinance stipulating strict guidelines for products that can be sold at adult entertainment stores, including a restriction limiting “adult” items to 20 percent of a store’s stock.

The city’s decision to shut down the stores has survived three appeals, including one in the Georgia Supreme Court.

City officials hail the high court’s refusal to hear the case as evidence that the ordinance is airtight and say they expect other cities to use it as a template for their own.

But despite the court’s decision, Alan Berger, attorney for the three businesses, said shutting down the stores violates the rights of the store owners and Marietta citizens.

“Sex toys are illegal in Georgia but are sold widely because it’s a stupid law and nobody cares,” Berger said.

The Supreme Court’s refusal comes at a time when stores in other states are facing similar hostility from local officials. School board members in Daytona Beach, Fla., have petitioned the state attorney general’s office to remove an adult store they claim is located within a school zone, and a city planning board is fighting to prevent the opening of an adult video store in Westchester, N.Y.

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

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

Zalo Signs Distro Deal With ECN

Zalo has inked a deal with East Coast News (ECN) for U.S. distribution.

Toendi Debuts 'Aurora 2' Vibe

Toendi has unveiled its new Aurora 2 vibrator.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

Je Joue 'ILY G-Spot Wand' Featured in Vice Review

Je Joue’s ILY G-Spot Wand has been named Best G-Spot Wand in a new round-up of the best wand vibrators on Vice.com.

Beisar Introduces 'Pelor' Anal Vibe

Beisar has debuted its Pelor vibrating anal pleasure product.

Holiday Now Shipping 'Zumio X2' Stimulator

Holiday Products is now shipping the Zumio X2 clitoral stimulator.

CalExotics Appoints Lupe Martinez, Austin Ferdinand to Executive Team

CalExotics has named Lupe Martinez as its new executive director of marketing and Austin Ferdinand as vice president of business development.

Sportsheets Names Emily Silva Director of Product and Merchandising

Sportsheets has appointed Emily Silva as its new director of product and merchandising.

Show More