Posted on 04/14/2004 6:30:36 AM PDT by WKB
High court recently upheld ban; merchants decry restrictions
Pointing to an empty wall where sex toys were once displayed, the Adult Video and Bookstore clerk's voice rose.
"They about put us out of business," she said, declining to give her name. "How are they going to tell a man what to do in the privacy of his own home?"
Jackson police have ordered Adult Video and Bookstore, Terry Road Book Store and Heritage Video Inc. to remove their sex toys. The city is cracking down after the state Supreme Court last month upheld a state law that bans the sale of sex toys.
The law defines as illegal any device used primarily for stimulation of human genitalia. The fine is $500.
A Terry Road Book Store employee didn't want to discuss the crackdown.
"They said to take them down. I took them down," she said, declining to give her name.
Adult Video and Bookstore employees said they were outraged at restrictions on what they can and cannot sell. "I don't think it's right," one clerk said. "Sex is in every home in the world."
A co-worker agreed. "We don't push it on anybody."
Adam and Eve and ZJ Gifts LLC, the Memphis-based owner of Christal's chain of adult stores, sued the state of Mississippi in 2001, contending the state law thwarted the rights of customers to purchase adult toys.
Last month, the state Supreme Court ruled there is no fundamental right of access to buy sexual devices. Advertising of the sexual devices also is not protected by the right to free speech, the court ruled.
Doctors and psychologists, however, may prescribe sexual devices for their patients, the court said.
Jackson police hadn't enforced the law in a few years because it was on appeal, Jackson police Sgt. William Gladney said.
The ordinance divides Mississippians.
"I think it's a good law," said Paula Nevels, 50, of Vicksburg. "I think (sex toy use) leads to pornography and that leads to our children being exploited. I think a lot of it is perverted, anyway."
Calvin Miner, 27, of Jackson said he doesn't see what is the big deal.
"It really doesn't matter to me, but I don't think they should ban it," Miner said. "Everybody has their own preferences. It's your own choice."
People who own sex toys shouldn't worry, Gladney said. "We're not going into people's houses," he said.
But it is illegal to have sex toy parties where devices are sold from home, Gladney said.
What part of the Connstitution would invalidate a state ban on hunting or logging?
Doctors and psychologists, however, may prescribe sexual devices for their patients, the court said.
You say your husband is a physician?
No sweat. ;o)
Sure you are.
You're a man.
You were born confused.
What are you girls talking about?
We don't know.
We're women.
We were born talking.
I guess I was thinking of federal land located in a state -- ie, if the state of Oregon blocked all logging within the state. I would guess it would then become a commerce clause issue.
If it's state property, I can't see how there would be a problem, unless some War Powers Act demanded the use.
But I would not be surprised if some hunter brought a suit saying that the ban violated his substantive due process fundamental rights under the 14th amendment to provide sustenance for himself and his family.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.