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Woman Sues Sandy Springs Over Sex Toy Ordinance

The city's ordinance that requires people to have a scientific or medical reasons or a prescription to purchase any sexual device is coming under fire.

Credit: Patch file
Credit: Patch file
While many national retailers from CVS to Walgreens and Walmart sell vibrators and other sex toys in plain view, the city of Sandy Springs has enacted a law that some legal experts say would require a doctor's prescription to purchase such a device.

Kennesaw resident Melissa Davenport, along with her attorney Gerry Weber, are suing the city over the law, which requires people to have a scientific or medical reason or a prescription to purchase any sexual device, according to WSB-TV

Vibrators can be seen at many mainstream stores next to condoms on the shelf, according to a 2012 USA Today articleCVS, Walgreens, Kroger, Safeway, Target and Walmart are among major national chains that now include vibrators on store shelves. These devices (also known as personal massagers or vibes) have been around a long time, but their availability on the mass market is relatively new. 

The Sandy Springs ordinance in question prohibits the selling of sexual devices unless the customers have a bona fide medical, scientific, educational, legislative, judicial or law enforcement purpose, says WSB. Experts construe that to mean if you have a doctor’s prescription, or some kind of proof the device is being used for one of those purposes.

"The ordinance basically says the government can stick its nose in your bedroom and say you can use this but not that,” Weber told the TV station.

Davenport, who suffers from multiple sclerosis, told the news station the central nervous system disorder interferes with the nerve pathways traveling to her reproductive organs, thus limiting her ability to have a healthy intimate life with her partner.

Sandy Springs ordinance 38-120(c)(d) labels devices that are used to primarily stimulate one's sexual organs as obscene and the "selling, renting, or leasing the material" of devices can only be done for "bona fide medical, scientific, educational, legislative, judicial or law enforcement purpose."

Weber argues the ordinance violates the due process clause of the 14th amendment, which guarantees a citizen's right to privacy, the story said. Davenport added she isn't seeking money, but wants the law to be ruled unconstitutional. 

Cheryl L Keck May 20, 2014 at 02:57 PM
The 14th Amendment does not guarantee privacy. In fact, not anything in the US Constitution states protection of privacy, except when subjected to search and seizure by government officials (4th Amendment). What the 14th amendment does state, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The complaint still stands though, because of the law Sandy Springs enacted, not due to privacy issues.
bob brown May 22, 2014 at 11:58 AM
please send your feelings about this law to your city council person . perhaps they can get it repealed before the whole world laffs at our foolishness .
Christine Will May 22, 2014 at 12:01 PM
Seriously? Who came up with this law? I want to know their name. They had to have this crap go before the city council. This is a complete waste of time and utterly embarrassing. The rest of the country must think the city of Sandy Springs are backwards country bumpkins who are so scared of any possible freedoms that they need to control something as ridiculous as this. So is my tax money going to pay for police officers to enforce this law? How awful for the officer who has to waste time dealing with this nonsense! Let's see, which is more important... responding to an assault call or to collect a dildo? What in the world is wrong with people?! Will there be a buy back on these items? Like with firearms? Shall law abiding citizens just drop them off at city hall?
Charles Allen May 30, 2014 at 08:06 PM
Ok, I seen and heard it all now. I don't think even Obama could top this one! What next Sandy Springs--are you going to ban the sale of Jergens and vaseline and make masturbation a felony. Freaking morons....
Bob May 30, 2014 at 08:45 PM
Where did all the Puritans in Sandy Springs come from? I am not surprised since Sandy Springs is crawling with Republicans who are the morality police in Georgia and elsewhere. Republicans want to make government so small that it fits in someone's bedroom.

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