SANDY SPRINGS, Ga. — The Sandy Springs City Council last night repealed an ordinance that banned the sale of sex toys and novelties in the Atlanta suburb.
The move to repeal the municipal law comes just days after the 11th U.S. Circuit of Appeals’ full circuit agreed to review the law, which was challenged by the adult stores Flanigan’s and Inserection and citizens Melissa Davenport, who suffers from multiple sclerosis and said she uses sexual toys with her husband to facilitate intimacy, and Marshall Henry, an artist who uses the devices in his artwork.
Last night, according to a local news report, Sandy Springs City Council unanimously approved to scrap subsection (c) of Section 38-120 in Article IV of Chapter 38, which labeled sex toys and novelties as "obscene."
In the 11th Circuit challenge, the appellants argued the ban violated the due process clause of the 14th Amendment of the Constitution.
An 11th Circuit panel upheld Sandy Spring's ban, but that opinion was vacated by the full circuit and the case was allowed to proceed on appeal.
