Texas A.G. Greg Abbott cares deeply about what citizens play with, as if fewer orgasms will help anyone. (Photo: AP)
AUSTIN, TEXAS – 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.
Courtesy KUTV.com: TV News, United States