Woman files lawsuit over sex toy ordinance in Sandy Springs

Melissa Davenport filed the suit over a city law prohibits the selling of sexual devices unless the customers have a prescription, or a legitimate medical or scientific reason, to buy one.
By Evan Bleier  |  May 16, 2014 at 1:01 PM
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SANDY SPRINGS , Ga., May 16 (UPI) -- A Georgia woman is suing the city of Sandy Springs over a law that requires a prescription or a legitimate reason to purchase sex toys.

Melissa Davenport filed the lawsuit hoping a judge finding the law unconstitutional.

The ordinance requires people to have a legitimate medical, scientific, educational, legislative, judicial or legal reason to purchase an "obscene" sexual device.

Davenport, who has been diagnosed with multiple sclerosis, credits sex toys with saving her marriage.

"(Some people) have this dirty mind about how people are going to use it. People really do need devices because they need it for health reasons and to have a healthy intimate life with their spouse," Davenport told WSB TV. "The nerve pathways interfered (with) going to my intimate areas, to the point where I had no feeling."

Davenport's attorney, Gerry Weber, believes that the law violates an individual's right to privacy, which the Fourteenth Amendment protects.

"The ordinance basically says the government can stick its nose in your bedroom and say you can use this but not that," Weber said. "People have the right to decide for themselves whether these devices help their intimate life, and the government has no business being the bedroom and second guessing that decision."

Sandy Springs is expected to file a response by June.

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