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

Pjur Sponsors Düsseldorf's Sex Now Exhibition

Pjur is sponsoring Sex Now Exhibition at NRW-Forum in Düsseldorf, running through May 3, 2026.

Angelface Baddies Debuts 'Daddies for Baddies' Line

Wellness brand Angelface Baddies has introduced its new Daddies for Baddies line of men's wellness products.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

Orion Debuts 'RC Vibrating Butt Plug' From 'Anos' Line

Orion Wholesale has introduced the RC Vibrating Butt Plug with Flexible Arms from its Anos line.

Playharda Wholesale, Pure Envy Ink European Distribution Deal

Playharda Wholesale has signed a deal with pleasure brand Pure Envy for distribution in the U.K. and Europe.

XR Brands Launches 'Creature Cocks' Line

XR Brands has introduced its new Creature Cocks collection of men's underwear.

Tenga Launches 2025 Christmas Advent Calendar

Pleasure brand Tenga has launched a 2025 Christmas Advent calendar, now available for pre-order.

The Dungeon Store Debuts 'Thing Noir' Violet Wand Attachment

The Dungeon Store has released the Thing Noir violet wand conductive e-stim accessory.

Pjur, Magasin du Nord Partner for 'Flex Area' Campaign

Pjur and retail brand Magasin du Nord have partnered for the wellness brand’s Flex Area campaign.

Kheper Releases New 'Think Like a Slut' Party Game

Kheper Games has released the new "Think Like a Slut" party game.

Show More