Sandy Springs Repeals Ordinance Banning Sex Toys

SANDY SPRINGS, GA -- In what appears to be an abrupt turn around, the Sandy Springs City Council has repealed an ordinance that banned the sale of sex toys in its jurisdiction.

The Council at its March 21 meeting unanimously approved scrapping subsection (c) of Section 38-120 in Article IV of Chapter 38, which labeled devices used to primarily stimulate one's sexual organs as "obscene."

The Council did not discuss the agenda item before taking a vote, as it was placed under the consent agenda for consideration. The consent agenda is normally reserved for action items city leaders are content with allowing to move ahead without further debate.

After incorporating in 2005, Sandy Springs adopted its ordinance, which city spokesperson Sharon Kraun was modeled after a state statute that was on the books at the time.

While the city has never enforced the provision, it was challenged in a lawsuit filed by a resident and two local businesses. The state code was subsequently invalidated and with Tuesday's repeal, the "code now matches up with state law regarding adult devices by not prohibiting the sale of such devices," Kraun added.

While the repeal has been approved, Kraun said Sandy Springs will not discuss or comment on the case, as it remains active in the legal system.

Kennesaw resident Melissa Davenport, along with her attorney Gerry Weber, filed suit against the city challenging its ordinance. Davenport, a multiple sclerosis sufferer who sought to purchase sex toys to use with her husband, was joined in the lawsuit by Flanigan's Enterprises and Fantastic Visuals LLC (doing business as Inserection) and fellow resident Marshall Henry.

The plaintiffs argued the ban violated the due process clause of the 14th Amendment of the U.S. Constitution.

In August, the three-judge panel of the 11th Circuit Court of Appeals actually upheld the city's ban, noting it was bound by a 2004 challenge to a similar statute in Alabama.

However, on March 14, that opinion was vacated by the full 11th Circuit Court of Appeals, and the case was allowed to proceed on appeal.

Patch has reached out to Weber for a response, and is waiting to hear back from the attorney.

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