Texas and Alabama Still Hot and Bothered Over Sex Toys; Guns OK
Marc J. Randazza fills us in on the Texas sex toy ban, just struck down by the Fifth Circuit. According to Marc, the arguments for outlawing the sale of toys for your pleasure-parts are thus:
(1) If the Texas dildo law is invalidated as an improper encroachment upon personal liberty, this will open the floodgates, and laws on bigamy and incest will be struck down too.(2) Striking down the law “impermissibly overrides state lawmakers’ settled ‘authority to regulate commercial activity they deem harmful to the public’” (naturally citing a dissenting opinion from the 11th Circuit).
Marc slams the arguments for his own well-articulated reasons at the link. To us, the first argument is a slippery (heh) slope argument, which is usually a weak logical tactic. The second argument is stronger, although we’d like to see a list of reasons why sex toys are so harmful.
It is still illegal to sell sex toys in Alabama. The U.S. Supreme Court declined to hear an Alabama case in 2007 on the subject, so the lower court’s ruling (upholding the ban) remains intact. This quote, from Alabama store owner Sherri Williams (the store’s name is “Pleasures”) sums up the passion of people across the Southland who find the ban ridiculous:
“My motto has been they are going to have to pry this vibrator from my cold, dead hand. I refuse to give up,” she said.
You go, girl. By contrast, guns are perfectly legal in both states.
Texas — Still Obsessed With Dildos [Legal Satyricon]
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Comments
Where in the 2nd amendment does it say anything about the right to bear dildoes? Comparison to guns is teh dumb.
Armed with a gun and dildo...
First!
First!
Sharon, is not drawing a comparison of sex toys and guns -- she is implying that you can use a gun AS a a sex toy!
How can you "ban" sex toys? Do they ban vibrating-back-massagers, broom sticks, duct tape, and sandpaper?! Where there is a will there is a way...
PS. Having had to pry a sex toy out of a deceased cadaver, I can assure you it is no laughing matter.
Please edit your post so you don't sound like a moron from Alabama.
It should be "the GOVERNMENT'S arguments for outlawing . . ."
You may also want to fill readers in about the 5th Cir. case striking the law down.
Anyone else getting the fake assault rifle ad in the upper left? Gotta love those google algorithms! Come to think of it, those do look pretty cool...
I'm not sure having a 1L from Alabama do legal analysis is the same as having Lat do it....
"Sex Toys Still Illegal in Texas and Alabama; Guns OK"
Sounds just about right to me.
Supreme Court of the United States
2:18
I was wondering how, exactly, you use sandpaper as a sex toy? I dunno, maybe its just me but that sounds a little painful for whomever has the sandpaper used on them.
"I'm not sure having a 1L from Alabama do legal analysis is the same as having Lat do it...."
Agree wholeheartedly. Maybe Alabama 1L can fulfill a meaningful role on this blog, but legal analysis is clearly not that role, as exemplified by the story.
2:29 -- the same way you use a table-vice... start gently...
2:21: Why would you have her ALLCAPS Government's? You should not be teaching grammar.
If the Texas Dildo is struck down, does that mean Cheney takes over as President?
Texas is incredibly backward.
2:18--
I thought all cadavers were deceased.
"It’s also illegal to sell sex toys in Alabama, and the US Supreme Court declined to hear an Alabama case in 2007 on the subject. The lower court’s ruling (upholding the ban) is still intact."
Yes, when the Supreme Court declines to hear a case the opinion that was being appealed remains good law. Well done!
I'm also glad it is still intact. I was worried it might have gone to pieces.
What if the toy is dual purpose ... e.g., a lightbulb?
"This quote, from Alabama store owner Sherri Williams (the store’s name is “Pleasures”) sums up the passion of people across the Southland who find the ban ridiculous:"
Perhaps SEN's facebook group should judge this gem.
What's wrong with all you petty little shits who can't read a silly post about a dildo ban w/o feeling the need to whip out your red pens and correct the shit out of it? Are you all frustrated?
"To us, the first argument is a slippery (heh) slope argument, which is usually a weak logical tactic. "
Jeez--who is this person? At least when Lat he's witty and there's at least a hint of intelligence. This is just rehashing something heard in a 1L Con Law class with a bad joke in the middle.
"What if the toy is dual purpose ... e.g., a lightbulb?"
Yeah or, you know, a cup?
2:46-
Of course we're frustrated, THEY TOOK OUR DILDOES!!!
(spoken in the manner of that South Park episode with the time immigrants)
2:46 - Allow me to quote SEN:
"I started the Facebook group "I judge you when you use poor grammar," which all of you should immediately join."
The guns-dildoes analogy is not apt. I'd like to see a dildo protect you from an oppressive government.
No, wait. I'd rather not see that.
I want to take bets that Lat and new blogger are same person -- two (of many) personalities trapped in Lat's quirky world? It would actually make sense, because this cute, perky, fun personality is making Lat look like a legal genius!
The new blogger is awful. Go back to your 1L classes and don't bother us until you are able to state a reasonable thought in a coherent way. As someone else said before: What in the world does the Second Amendment have to do with sex toys?
Does anyone understand the difference between making an argument by analogy and attempting humor through irony?
Admittedly, whether the attempt at irony is actually funny is a different question.
The ban is on the promotion and manufacture of sex devices- not use. Sex toys are sold all over Texas under the lable of "novelty items."
I have no problems with a law student blogger. L2L did a lot of writing on this site and got a lot of attention, and yet limited his comments to an area where he had authority to speak.
HOWEVER, Lat, you have turned over the legal analysis stage on your site to a "little" (her words) blonde who says stupid things like she has no impulse control (just what her future employer wants to know!), to someone lower than a first year associate, below a summer associate, even below a 2L. In other words, everyone reading these posts is more qualified than she is to write them.
Where is the quality control? I would seriously like an explanation here.
Hey 3:38, one of the partners has cold coffee. Go fetch a new cup. Also, the explanation is that you take yourself, and everything entirely too seriously. You should look into a recreational drug habit or at least start carving dollhouse furniture to relieve some stress, because with that attitude, you likely aren't very qualified to comment on the natural kind of stress relief .
Comment, “From My Cold Dead Hands: Williams v. Pryor and the Constitutionality of Alabama’s Anti-Vibrator Law,” Alabama Law Review (2002)
http://www.law.ua.edu/lawreview/533_holt.pdf
to whine about a cute blonde talking playfully about dildos. what a bunch of douches.
I appreciate that all of you are concerned adout my well-deing. However, Frobo will take care of everything. He will use the awesome power of "precious."
is anyone else disturbed by the use of elephants as the graphical aid for this piece?
If dildos are banned in Texas, does that mean everyone has to leave?
Well,I've been a lifestyle Domme here in Houston for quite a few years now,and the law never cramped my style....my strapon 'Babydoll' has turned a few so called 'straight' women....so I suppose that properly used it could be construed as a 'weapon'...especially if she leaves hubby for another woman
You can't defend your family with a rubber dildo. I don't see the need for the gun reference.
Texas to DILDOS!!!!
Huh, wierd. I wonder how all the sex shops exist on lower Greenville in Dallas then. Probably use a euphemism or something. I'm serious, there's a condom sense, condoms to go, and Lifestyles lingerie parlor in the same 1 mile stretch of road.
So they aren't banned, I guess, just the word Dildo is banned.
"By contrast, guns are perfectly legal in both states."
Wow, written with the subtlety of a sledge hammer. Is this amateur hour?
Did you even READ the article Eliza, or did something shiny distract you? The Court of Appeals overruled Texas's ban. Selling sex toys is now legal throughout the 5th Circuit.
Did you happen to get that photo from a Tufts grad? They passed it around as their electronic Valentine's Day present to all of their alums.
8:25: Huh? If the Fifth Circuit overrules a Texas state law banning dildo sales, it doesn't make dildo sales legal in the entire Fifth Circuit (only in Texas, until the next retarded law is passed)? What are you, a 0L?
Well before the Fifth Circuit ruled, sex toys were widely available in Texas, being sold as "novelties". You could walk into any adult store, see them openly displayed and buy them as novelties.
But hey, why bother with the facts on the ground when you can take a swipe at guns. I like how you phrase it: "guns are perfectly legal". Hello, they're not just "legal" - they're constitutionally protected by both Federal and Texas constitutions.
Who needs dildos?
Here in Texas, we got 'dillos!
Plus, we got dildo shops here and there. Every fake pecker, inflatable lover or simulated kitty kat bears a legend, "For the relief of calf pain." Makes 'em legal. You just can't sell 'em qua sex toy.
What's more, we still get our Good Vibrations catalog from San Francisco, and we have parcel delivery.
Who says Texas is backward? We're just trying to help the California economy.
Some of those dildos are big enough to use for clubs, so they might be weapons. They should be banned, along with guns and knives and other implements that hurt people.
Guns don't kill people, dildos kill people. Make guns, not dildos.
Oh, and quote is a verb. It's quotation you were searching for.
How is a "slippery slope" a "logical tactic"? Is a "well articulated" reason a good reason? And when did Mark Randazza become an authority on anything? Inquiring minds want to know.
I guess sex toys are banned because people are so fat in Texas. Btw, fat people hate sex, because they are so ugly.
You guys should shepardize/key cite your posts. See Reliable Consultants v. --- F.3d ----, 2008 WL 383034 (C.A.5 (Tex.)) (and my upcoming law review article...shameless plug).
As a person living in a state that allows sex shops I have to agree with TX here.
Turning the radio dial over and over each time there's a commercial break because of inappropriate ads for these places wears me out. We've started listening to podcasts and downloaded music more and more lately.
It's like these idiots don't realise KIDS are on the planet.
"If it feels good it must be OK for ages 0 - 100!"
Really, enough is enough. Order it on the internet and keep it to yourself.
And the South shall rise again...
Texas was one of the few remaining states steadfastly holding on to a ban on sex toys, and now a federal appeals court has overturned the ban and made their use a lawful practice. Selling or promoting sex toys and their use, a crime once punishable by up 2 years in prison, is now held as a constitutional right under the 14th Amendment's right to privacy by the 5th US Circuit Court of Appeals. The decision cites the US Supreme Court's 2003 decision in Lawrence and Garner versus Texas, which made legal consensual sex between same sex partners.
"Just as in Lawrence, the state here wants to use its laws to enforce a public moral code by restricting private intimate conduct. The case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the state is morally opposed to a certain type of consensual private intimate conduct. This is an insufficient justification after Lawrence.
Other states such as Alabama, Mississippi, Kansas and Colorado have lifted or are in the process of lifting bans on such acts as selling or advertising sex toys.
We are very pleased that the 14th Amendment’s protection to privacy has finally been extended to the area of intimate conduct. Texas and other State Law Enforcement Agencies can finally stop devoting resources to the regulation of sexual activities between consenting adults.” says Randy Jones, Executive Director of TabuToys.com.
TabuToys is an online sex toy boutique providing upscale adult toys and vibrators, as well as sex-positive discussion forums. Please visit www.tabutoys.com for more information.
And the South shall rise again...
Texas was one of the few remaining states steadfastly holding on to a ban on sex toys, and now a federal appeals court has overturned the ban and made their use a lawful practice. Selling or promoting sex toys and their use, a crime once punishable by up 2 years in prison, is now held as a constitutional right under the 14th Amendment's right to privacy by the 5th US Circuit Court of Appeals. The decision cites the US Supreme Court's 2003 decision in Lawrence and Garner versus Texas, which made legal consensual sex between same sex partners.
"Just as in Lawrence, the state here wants to use its laws to enforce a public moral code by restricting private intimate conduct. The case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the state is morally opposed to a certain type of consensual private intimate conduct. This is an insufficient justification after Lawrence.
Other states such as Alabama, Mississippi, Kansas and Colorado have lifted or are in the process of lifting bans on such acts as selling or advertising sex toys.
We are very pleased that the 14th Amendment’s protection to privacy has finally been extended to the area of intimate conduct. Texas and other State Law Enforcement Agencies can finally stop devoting resources to the regulation of sexual activities between consenting adults.” says Randy Jones, Executive Director of TabuToys.com.
TabuToys is an online sex toy boutique providing upscale adult toys and vibrators, as well as sex-positive discussion forums. Please visit www.tabutoys.com for more information.