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Sexuality Blog

By Cory Silverberg, About.com Guide to Sexuality since 2005

Supreme Court Won't Hear Texas Sex Toy Case

Tuesday October 3, 2006

Ignacio Sergio Acosta was an employee at the Trixx Adult Bookstore in El Paso, Texas in 2003 when he was arrested for selling a vibrator to two undercover police officers. He challenged his arrest, and since then his legal journey has included having his case thrown out at state level, where the trial judge deemed the sex toy ban unconstitutional, that ruling being overturned by an appeals judge, who said the charges against him could be prosecuted, and finally an attempt to have the Supreme Court hear the case, which reveals the profound problems, incosistencies, and contradictions in the way that sex toys are dealt with across the country.

Unfortunately on Monday the Supreme Court refused to consider the case, which means it will now go back to the El Paso County court, where Acosta's lawyer believes he'll have no problem winning the case for his client.

While courts in Colorado, Kansas and Louisiana have all responded to state sex toy bans by calling them unconstitutional, courts in Georgia, Mississippi and Texas have upheld sex toy bans. Many of these states, including Texas, allow exemptions for products for medical or educational purposes, and stores often circumvent the legal system by stating that the products they sell are for those, or artistic purposes.

One of the patethic things about this case is that Acosta was arressted largely because he told the truth. Apparently he told one of the undercover officers that a particular vibrator would provide sexual pleasure.

Read more - Washington Post: Supreme Court Rejects Texas Sex-Toy Case

Learn more - Free Speech Coalition

Previously - No Sex Toys for Mississippi

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