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Woman sues city for requiring a prescription to purchase adult toys

By Mason White 11:14 AM May 19, 2014
Sex shop illustration 

By: Hydar Tomar
(Scroll down for video) A woman who was told that she needed a prescription before purchasing an adult toy, filed a lawsuit against the city of Sandy Springs, according to court documents filed in Georgia.

Lawmakers in Sandy Springs passed an ordinance that requires people to have a prescription or a scientific reason to buy a sexual device.

Melissa Davenport and her attorney, Gerry Weber, filed the lawsuit because they want the government out of their business.

In the claim, Davenport states that she suffers from multiple sclerosis. Davenport said that sex toys saved her marriage and that is the reason she filed the lawsuit.

The ordinance prohibits the sale of sexual devices unless customers have a medical, scientific, educational, legislative, judicial or law enforcement purpose. Experts interpret the law to mean that you need a doctor’s prescription in order to prove that you have a medical need for the device.

“The ordinance basically states that the government can stick their nose into your bedroom and say that you can use this but not that,” Weber said. Weber also said that the ordinance violates the due process clause of the Fourteenth Amendment, which provides for the right to privacy.

“People have the right to decide for themselves whether these devices help their intimate life, and the government has no reason to be in the bedroom and second guess that decision,” Weber said.

The city said that it will defend the ordinance. Davenport said that she is not seeking money, she just wants a judge to find the law unconstitutional.