Bill would make sex toys illegal in South Carolina
From WIS TV / AP
Bill would make sex toys illegal in South Carolina
By SEANNA ADCOX
Associated Press Writer
But banning the sale of sex toys is actually quite common in some Southern states. [emphasis added]
The South Carolina bill, proposed by Republican Rep. Ralph Davenport, would make it a felony to sell devices used primarily for sexual stimulation and allow law enforcement to seize sex toys from raided businesses.
The measure would add sex toys to the state's obscenity laws, which already prohibit the dissemination and advertisement of obscene materials.
People convicted under obscenity laws face up to five years in prison and a $10,000 fine.
South Carolina law borrows from a 1973 U.S. Supreme Court ruling to define obscene as something "contemporary community standards" determine as "patently offensive" sexual conduct, which "lacks serious literary, artistic, political or scientific value."
While Davenport's proposal is probably aimed at shutting down X-rated adult bookstores, Irons said, it hurts customers of "couples-oriented" stores such as her West Columbia shop, which sells everything from lingerie to bridal shower novelties to lotions.
At Sugar 'N Spice, sex toys are displayed in a separate room. Buyers include men and women who "need a little help" because surgery or medical problems are affecting their marriage, Irons said.
"We've been selling these sex toys for 27 years," she said Friday. "Even pastors shop in here. They send couples in here they counsel for marriage problems. It's probably going to hit people like that harder than people realize."
Davenport, who is from Spartanburg County, did not return several messages Friday to talk about his bill, which was introduced last month. No other legislator has signed on as a co-sponsor and its passage this year seems unlikely.
Recent police raids in Davenport's county have targeted adult-oriented businesses.
The sheriff's office there seized movies, sex toys, sexual-enhancement pills and surveillance tapes from two businesses in January.
One of the stores, Priscilla's, sued the sheriff's office, claiming the raid violated constitutional rights and asked for the return of the seized items. Sheriff Chuck Wright refused.
The case has not yet gone to trial, Maj. Dan Johnson said.
Johnson said he knew nothing of Davenport's proposal and was unsure how it could help their investigations, which involve undercover detectives renting movies or buying magazines and prosecutors determining whether they're obscene.
"We're focused on the hard-core magazines, videos ... the hard-core porn," he said.
Other states that ban the sell of sex toys include Alabama, Georgia, Mississippi and Texas, said Mark Lopez, an attorney for the American Civil Liberties Union.
Alabama's law banning the sale of sex toys has been circulating through the courts since its passage in 1998. U.S. District Judge Lynwood Smith Jr. twice ruled against the law, holding that it violated the constitutional right to privacy, but the state won both times on appeal.
In February 2005, the U.S. Supreme Court declined to hear the case, which is back in the lower courts.
"People think it's distasteful. It makes for good campaign fodder and panders to the conservative side of people. That's why we see the laws in the South," Lopez said.
The ACLU got involved in the case, he said, to "keep the government out of the bedroom."
Though the laws don't punish people for owning sex toys, banning their sale is a backdoor attempt to discourage their use, Lopez said.
"People have a fundamental right to engage in lawful sexual practices in the privacy of their home," Lopez said. "It's not like this stuff is available in Macy's. Kids aren't allowed in. You or I wouldn't accidentally walk into one."
Bill would make sex toys illegal in South Carolina
(Columbia-AP) April 21, 2006 - A state lawmaker wants to ban the sale of sex toys.
Republican Representative Ralph Davenport of Boiling Springs proposed the bill that would add sex toys to the state's obscenity laws. Davenport's bill would make it a felony to sell devices used primarily for sexual stimulation.
The proposal also would allow law enforcement to seize sex toys as contraband.
Davenport wouldn't talk to The Associated Press Friday about his bill.
Davenport's home county of Spartanburg has been aggressive in recent months in pursuing charges against owners of adult-oriented businesses. Police there say, however, they are uncertain how Davenport's proposal would help their investigations.
Posted 5:58pm by Chantelle Janelle
and from Daily Comet.com:
Bill would make sale of sex toys illegal in South CarolinaBy SEANNA ADCOX
Associated Press Writer
But banning the sale of sex toys is actually quite common in some Southern states. [emphasis added]
The South Carolina bill, proposed by Republican Rep. Ralph Davenport, would make it a felony to sell devices used primarily for sexual stimulation and allow law enforcement to seize sex toys from raided businesses.
The measure would add sex toys to the state's obscenity laws, which already prohibit the dissemination and advertisement of obscene materials.
People convicted under obscenity laws face up to five years in prison and a $10,000 fine.
South Carolina law borrows from a 1973 U.S. Supreme Court ruling to define obscene as something "contemporary community standards" determine as "patently offensive" sexual conduct, which "lacks serious literary, artistic, political or scientific value."
While Davenport's proposal is probably aimed at shutting down X-rated adult bookstores, Irons said, it hurts customers of "couples-oriented" stores such as her West Columbia shop, which sells everything from lingerie to bridal shower novelties to lotions.
At Sugar 'N Spice, sex toys are displayed in a separate room. Buyers include men and women who "need a little help" because surgery or medical problems are affecting their marriage, Irons said.
"We've been selling these sex toys for 27 years," she said Friday. "Even pastors shop in here. They send couples in here they counsel for marriage problems. It's probably going to hit people like that harder than people realize."
Davenport, who is from Spartanburg County, did not return several messages Friday to talk about his bill, which was introduced last month. No other legislator has signed on as a co-sponsor and its passage this year seems unlikely.
Recent police raids in Davenport's county have targeted adult-oriented businesses.
The sheriff's office there seized movies, sex toys, sexual-enhancement pills and surveillance tapes from two businesses in January.
One of the stores, Priscilla's, sued the sheriff's office, claiming the raid violated constitutional rights and asked for the return of the seized items. Sheriff Chuck Wright refused.
The case has not yet gone to trial, Maj. Dan Johnson said.
Johnson said he knew nothing of Davenport's proposal and was unsure how it could help their investigations, which involve undercover detectives renting movies or buying magazines and prosecutors determining whether they're obscene.
"We're focused on the hard-core magazines, videos ... the hard-core porn," he said.
Other states that ban the sell of sex toys include Alabama, Georgia, Mississippi and Texas, said Mark Lopez, an attorney for the American Civil Liberties Union.
Alabama's law banning the sale of sex toys has been circulating through the courts since its passage in 1998. U.S. District Judge Lynwood Smith Jr. twice ruled against the law, holding that it violated the constitutional right to privacy, but the state won both times on appeal.
In February 2005, the U.S. Supreme Court declined to hear the case, which is back in the lower courts.
"People think it's distasteful. It makes for good campaign fodder and panders to the conservative side of people. That's why we see the laws in the South," Lopez said.
The ACLU got involved in the case, he said, to "keep the government out of the bedroom."
Though the laws don't punish people for owning sex toys, banning their sale is a backdoor attempt to discourage their use, Lopez said.
"People have a fundamental right to engage in lawful sexual practices in the privacy of their home," Lopez said. "It's not like this stuff is available in Macy's. Kids aren't allowed in. You or I wouldn't accidentally walk into one."
posted by Steve | 7:15 PM
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