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State loses attempt to argue anew for sex toy ban
Austin American Statesman ^ | 8.1.08

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.


TOPICS: Culture/Society; Government; US: Texas
KEYWORDS: fourteenthamendment; judiciary; privacy
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Nanny State Loses One!!
1 posted on 08/01/2008 4:11:00 PM PDT by trumandogz
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To: trumandogz

Can’t have sex toys around. They may be used to drill for oil.


2 posted on 08/01/2008 4:14:23 PM PDT by The Iceman Cometh (Voting for McCain, not because I want to, because I have to.)
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To: trumandogz
When sex toys are banned, only............ummmm..............errr..........oh, right.......government officials will have sex toys.
3 posted on 08/01/2008 4:15:54 PM PDT by MPJackal ("From my cold dead hands.")
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To: trumandogz
If any Freepers support a statewide ban on sex toys, would you please explain the purpose to me?

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.

4 posted on 08/01/2008 4:19:01 PM PDT by Scoutmaster (You knew the job was dangerous when you took it, Fred.)
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To: Scoutmaster
ummm...

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.

5 posted on 08/01/2008 4:22:53 PM PDT by chaos_5
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To: All

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....


6 posted on 08/01/2008 4:25:45 PM PDT by Maverick68 (w)
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To: Scoutmaster
(waiting for someone to come by and explain the purpose of sex toys to you)...
7 posted on 08/01/2008 4:26:04 PM PDT by null and void (Barack Obama - International Man of Mystery...)
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To: Maverick68

LOL!

Funny, I knew a girl like that once too...quite fond of the little bunnies!


8 posted on 08/01/2008 4:27:22 PM PDT by Constitution Day (This tagline is a Designated Whine-Free Zone)
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To: trumandogz

In other news, shoulder massagers are selling like hot cakes!


9 posted on 08/01/2008 4:31:24 PM PDT by autumnraine
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To: trumandogz
Attorney General Greg Abbott

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"?

10 posted on 08/01/2008 4:37:32 PM PDT by JennysCool (A man who served his country well vs. a walking Che poster. Is it really that tough a choice?)
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To: Scoutmaster

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.”


11 posted on 08/01/2008 4:45:03 PM PDT by aft_lizard (One animal actually its eats its own brains to conserve energy, we call them liberals.)
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To: trumandogz

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.


12 posted on 08/01/2008 4:59:19 PM PDT by KantianBurke (President Bush, why did you abandon Specialist Ahmed Qusai al-Taei?)
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To: trumandogz
The appeals court struck down the ban in February, ruling that it violated the right to privacy guaranteed by the 14th Amendment.

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.

13 posted on 08/01/2008 5:11:26 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Scoutmaster

Me too.


14 posted on 08/01/2008 5:27:40 PM PDT by coop71 (Being a redhead means never having to say you're sorry...)
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To: KantianBurke
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.

Good point. Maybe if we convince them the illegals are smuggling french ticklers, dildos and vibrators they'll do something about the border.

15 posted on 08/01/2008 5:32:27 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: KantianBurke

We should distribute sex toys to illegal aliens before they cross the border. Maybe then Texas will enforce the immigration laws.


16 posted on 08/01/2008 5:41:42 PM PDT by Zombie Lincoln (McCain/<conservative_placeholder> '08)
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To: trumandogz

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.


17 posted on 08/01/2008 7:25:36 PM PDT by Trajan88 (www.bullittclub.com)
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To: trumandogz

If they ban dildos in Texas, who will make up the Democrat caucus in the Lege?


18 posted on 08/01/2008 7:29:44 PM PDT by RichInOC (No! BAD Rich! (What'd I say?))
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To: Scoutmaster

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.


19 posted on 08/01/2008 7:53:02 PM PDT by Wilhelm Tell (True or False? This is not a tag line.)
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To: Libertarianize the GOP
Now where in the Constitution the courts found a right to privacy is anybodies guess.

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.

20 posted on 08/01/2008 8:26:20 PM PDT by Bear_in_RoseBear (Slide.)
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