Home > News > Ruling on Texas Sex Toy Ban Could Affect Other States • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Ruling on Texas Sex Toy Ban Could Affect Other States

Miss. official says 5th Circuit’s ruling renders defense of his state’s ban ‘problematic’; FSC’s Reed Lee expects panel’s ruling to withstand review
Ruling on Texas Sex Toy Ban Could Affect Other States
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Feb 21, 2008 4:00 PM PST    Text size: 
JACKSON, Miss. — State government officials this week said that a recent decision by the 5th U.S. Circuit Court Appeals overturning a Texas sex toy law could render Mississippi’s own ban on “obscene devices” unenforceable.

According to the Huntsville Times, Miss. Assistant Attorney General Harold Pizzetta said Tuesday that while the state’s law is “still on the books,” the court’s ruling “will make any defense of the law problematic.”

“It will put our statute in jeopardy,” Pizzetta added.

Mississippi isn’t the only state that could see its sex toy ban fall by the wayside — the 5th Circuit’s ruling this month has created what is commonly referred to as a “square split” between judicial circuits. Last year, the 11th Circuit upheld Alabama’s ban on obscene devices as constitutional, reasoning in its decision that the state’s “interest in preserving and promoting public morality provides a rational basis for the challenged statute.”

In an analysis prepared for the Free Speech Coalition (FSC), attorney Reed Lee, who represents store owner Sherri Williams in her ongoing challenge to Alabama’s ban on sex toys, expressed cautious optimism that the 5th Circuit panel’s decision will be upheld.

“The panel majority’s decision and reasoning are sound, and they deserve to prevail both in the 5th Circuit and elsewhere,” Lee wrote. “But conservative judges will likely be upset about the ruling, as they were about the Supreme Court’s sodomy decision and about so many other decisions of importance to us.”

Lee added that, just as the 6th Circuit’s recent 2257-related ruling in the Connection Distributing case “is not likely to be the last word on the subject,” it should be expected that there will be further litigation pertaining to sex toys, as well.

“In the end, I think both panel’s decisions will be vindicated,” Lee wrote.

Williams, who has spent over nine years fighting the ban on sex toys in Alabama, said this week that she has printed 5,000 postcards for her customers to send to state legislators as part of her ongoing lobbying effort.

“Maybe now that they’re the only one standing, they’ll listen,” Williams said.

In his analysis prepared for the FSC, Lee compared Williams’ situation with that faced by Michael Hardwick two decades ago: Hardwick unsuccessfully challenged Georgia’s antisodomy laws in the 1980s.

“They both bravely fought unconstitutional laws on constitutional privacy grounds,” Lee wrote. “Unlike Mr. Hardwick, it looks like Sherri Williams will live to see her constitutional challenge fully vindicated. No one has struggled more assiduously than she has, and no one deserves vindication more.”

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

Cam World: Jim Austin Puts Stripchat / xHamsterLive on the Cutting Edge

Meet Jim Austin, head of business development for Stripchat and xHamsterLive. Austin helps run the two free online communities where amateur models — women, men, couples and transgender folk —... More »

Crave’s Jack Morocco Brings Fresh Perspective to Channel Manager Role

Jack Morocco must be in the right career. They’ve been hit on by Nina Hartley and already had to fend off Ron Jeremy, all in their short one-and-a-half years with San Francisco boutique outfit Crave.... More »

Cam World: Cam Star of Month BlazeFyre Loves to Be a Pleaser

Webcam model BlazeFyre certainly is looking forward to a fruitful 2017. She just moved into new digs this past month, and is eagerly anticipating another banner year as a Chaturbate web model. The naturally... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!