Posted on 08/01/2008 4:08:41 PM PDT by trumandogz
AUSTIN A federal appeals court turned down Attorney General Greg Abbott's attempt to reinstate a ban on the sale and marketing of sex toys Friday, upholding its previous ruling that the prohibition violated Texans' right to privacy.
The 5th U.S. Circuit Court of Appeals in February had struck down the Texas law, which made it illegal to sell or promote obscene devices.
The attorney general sought a rehearing on the matter, decided by a panel of judges. The state argued that the full court should have a chance to rule, but the court turned down the request and said any appeal would have to be decided by the U.S. Supreme Court.
Abbott spokesman Tom Kelley said the state hasn't decided yet if it will appeal the ruling.
Companies that own Dreamer's and Le Rouge Boutique, which sell the devices in its Austin stores, and the retail distributor Adam & Eve sued in federal court in Austin in 2004 over the constitutionality of the law. They appealed after a federal judge dismissed the suit and said the Constitution did not protect their right to publicly promote such devices.
The appeals court struck down the ban in February, ruling that it violated the right to privacy guaranteed by the 14th Amendment.
Can’t have sex toys around. They may be used to drill for oil.
If you would like to go further and explain why government should have the power to ban then, then I'd appreciate that too. I'm mainly interested, however, in hearing a cogent argument for banning sex toys.
They could end up in the hands of innocent children who may take them to school and... Oh wait, they already use vegetables and condoms to demonstrate that.
I had a female friend who lived in Austin during the 90’s. I would have to periodically mail her “gifts” as she was not into the one night stand scene and....well, let’s just say her favorite animals are rabbits....
LOL!
Funny, I knew a girl like that once too...quite fond of the little bunnies!
In other news, shoulder massagers are selling like hot cakes!
So, Texas has done away with all murderers, rapists, thieves and gangbangers to the point that its AG has enough free time to worry about "sex toys"?
I think I read somewhere in the 16th amendment about sextoys. It is of course after giving the government the right to tax the people it also goes on to say, “If in the course of taxation that the people are upset let them have toys of a carnal nature, this right shall not be infringed. Those who serve the people in Congress are to be given a artificial phallus to be measured to the size of their ego and to which they may use it to screw over Americans.”
Disgusting waste of time. Texas has quite the wide open border that in all probability has terrorists and/or their sympathizers crossing it as we speak. But this retard big govt nanny stater is focusing on THIS? Pathetic.
I know reporters tend to be idiots when it comes to the law, but the Fourteenth has nothing to do with privacy; the best that can be argued from the fourteenth is that other protections guaranteed by the Constitution can be applied to laws made by State governments. Now where in the Constitution the courts found a right to privacy is anybodies guess.
Me too.
Good point. Maybe if we convince them the illegals are smuggling french ticklers, dildos and vibrators they'll do something about the border.
We should distribute sex toys to illegal aliens before they cross the border. Maybe then Texas will enforce the immigration laws.
Hey Austin (a.k.a. land of the burnt orange)... why don’t you worry about more important things like figuring out how to lower property taxes, not making toll roads out of roads the tax payers have already paid for, not using red light cameras to MAKE money (you know protect and serve stuff), etc.
If they ban dildos in Texas, who will make up the Democrat caucus in the Lege?
Because some people think that government force in private matters will make everyone conform to their ideal of moral perfection, just as the socialists believe that a planned economy will create prosperity.
Try this one:
Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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