Supreme Court Refuses to Hear Sex Store Case

MARIETTA, Ga. – The U.S. Supreme Court this week refused to hear an appeal filed by owners of three adult entertainment stores shut down in 2003.

Representatives for stores Intersection, Starship and Water Pipe, had asked the court to overturn a decision by Marietta’s business license manager to revoke their permits for violating a city ordinance restricting the sale of sex toys.

While sexually explicit material is protected by the First Amendment, Georgia law prohibits the sale of sex toys. In addition, the city has an 11-page ordinance stipulating strict guidelines for products that can be sold at adult entertainment stores, including a restriction limiting “adult” items to 20 percent of a store’s stock.

The city’s decision to shut down the stores has survived three appeals, including one in the Georgia Supreme Court.

City officials hail the high court’s refusal to hear the case as evidence that the ordinance is airtight and say they expect other cities to use it as a template for their own.

But despite the court’s decision, Alan Berger, attorney for the three businesses, said shutting down the stores violates the rights of the store owners and Marietta citizens.

“Sex toys are illegal in Georgia but are sold widely because it’s a stupid law and nobody cares,” Berger said.

The Supreme Court’s refusal comes at a time when stores in other states are facing similar hostility from local officials. School board members in Daytona Beach, Fla., have petitioned the state attorney general’s office to remove an adult store they claim is located within a school zone, and a city planning board is fighting to prevent the opening of an adult video store in Westchester, N.Y.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Full Circle Debuts Stroker Collection, Love Torsos

Pleasure brand Full Circle has introduced its new Blue Jean Girls stroker line and Royal Honeys love torsos for wholesale distribution.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

Age Verification Watch: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

BeYourLover Debuts 'Angela' 3-in-1 Vibrator

Pleasure brand BeYourLover has introduced its Angela three-in-one vibrator.

FSC Helps Defeat Colorado AV Bill

Free Speech Coalition (FSC) has announced that, with its help, Colorado's recently introduced age verification bill has been defeated.

Uncover Creations Reacquires Sinnovator Brand

Pleasure brand Uncover Creations has reacquired its Sinnovator brand.

OTouch Debuts 'Sensual Warmer & Dispenser' for Lubes, Oils

OTouch has introduced its Sensual Warmer & Dispenser for lubes and massage oils.

Trump's Tariffs: The Impact on Pleasure Products and How the Industry Is Responding

President Donald Trump may have backed off his tariffs for most nations for the next three months while negotiating with individual countries, but he increased the tax rates on Chinese imports to 125% in a decision that has serious ramifications for many sectors, including the pleasure industry.

XBIZ Retreat Set to Return to Cabo San Lucas Aug. 25-29

XBIZ Retreat is heading back to Cabo San Lucas for its LATAM edition, set for Aug. 25–29.

Show More