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23 August 2013

Coweta County Law Says Sex Toy Store Can Sell Dildos to Judges and Legislators, But No One Else

While perusing through the Fayette County Citizen, I came across an article about a sex toy store in Coweta County.

It seems that the local Starship Enterprises has run afoul of the Coweta County ordinance that makes it illegal "for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value" [Nelms, Ben (9 August 2013). Judge rules Starship sold prohibited items; owner says they're not toys, but 'novelties'. The Citizen. Retrieved on 23 August 2013.].

As with any law, there are loopholes. And in this particular case, the loophole in Coweta County's sex toy law is a real doozy.

The ordinance, which can be read below, carves out an exemption for the following purposes:

"It shall be an affirmative defense to a charge of violating subsection (b) that the act charged was done for a bona fide medical, scientific, educational, legislative, judicial, or law enforcement purpose. The criminal provisions of this section shall not apply to bona fide public libraries, or public school or college or university libraries, or their employees or agents acting on behalf of the legitimate educational purposes of such public libraries, or public school or college or university libraries."

In plain and ordinary language, Starship Enterprises can sell Sybians, dildos, Flesh Lights, and other adult products to scientists, doctors, teachers, senators, representatives, judges, police officers, and public libraries.

To put it succinctly, Starship Enterprises can legally sell a dildo to the Judge who ruled Starship violated the local laws of Coweta County. That Judge's name, by the way, is Jim Stripling. Stripling is the Chief Magistrate Judge of Coweta County.

As expected, Starship Enterprises is appealing Judge Stripling's ruling in Coweta County Superior Court.

Starship Enterprises attorney Alan Begner told the Fayette County Citizen, "I’m preparing a constitutional challenge to the Coweta County ordinance that will be filed in Superior Court."

Coweta County Obscenity Ordinance by Andre Walker