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 © 2025 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

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

EQOM Group Officially Names Anneke Kamphuis CEO

EQOM Group, the company behind ONE-DC and EasyToys, has officially appointed Anneke Kamphuis as its new CEO.

Cruel Reell Debuts 3 Fleshlight Pro Strokers

Newly crowned 2025 Euro XMAs Fetish Creator of the Year Cruel Reell has debuted three new Fleshlight Pro strokers.

Exsens, Success Systems Partner for 'Independent Resellers' Campaign

Wellness brand Exsens and marketing firm Success Systems have partnered for an independent resellers campaign.

XR Brands Debuts 'Elektra Rechargeable Violet Wand' From 'Master Series' Line

XR Brands has introduced the Elektra rechargeable violet wand from its Master Series collection.

Blush Debuts 2 New Vibes From 'Temptasia' Collection

Blush has introduced two new vibrators from its Temptasia collection.

Nobü Expands 'Essentials' Collection

Nobü is expanding its Essentials collection with two new vibrators.

Orion Debuts 'Bendable Dual Stimulator' Vibe From Black Velvets Line

Orion Wholesale has expanded its Black Velvets collection with its new Bendable Dual Stimulator vibrator.

2026 XBIZ Exec Awards Nominees for Retail Industry Announced

XBIZ is pleased to announce the nominees for the retail industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony, presented by SVAKOM and Kaotik Labs, on Sunday, Jan. 11, in conjunction with the pleasure products trade show XBIZ Expo.

GutDolls Launches Brand Ambassador Program

German pleasure brand GutDolls has announced the launch of its global Brand Ambassador Program (GutDolls Botschafter Programm).

Show More