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

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

XR Brands Debuts Stroker Collection, Love Doll

XR Brands has introduced its new Hentai Fantasies stroker collection, as well as the K-Pop Idols love doll.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Better Life Science Introduces Influencer Affiliate Program

CLIA-certified laboratory network Better Life Science has launched an affiliate and influencer program.

Nasstoys Names Meghan Beck Vice President of Sales and Operations

Nasstoys has appointed Meghan Beck as its new vice president of sales and operations.

Hankey's Toys Debuts Krave Melanin Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Krave Melanin.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Show More