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In Mississippi: Law Banning Sex-Toy Sales Unenforceable?

Mississippi- Selling sex toys in Mississippi may not get you in trouble anymore.

That’s because the 5th U.S. Circuit Court of Appeals ruled the Texas law banning the sale of the devices violates your constitutional right to privacy.

Professor Matthew Steffey from Mississippi College School of Law says since the court’s ruling has binding authority in Mississippi, it will be nearly impossible to enforce the Magnolia state’s current law against sex toy sales.

“The Mississippi statute is identical to the Texas statute, so when this decision becomes final I would expect Mississippi’s law to be subject to an immediate challenge,” Steffey said.

Jackson residents we spoke with say Mississippi’s law is absurd, given the fact that this state is only one of four where selling such adult items is a crime.

“I don’t think it’s something that should necessarily be regulated by the state. I think too many things are regulated by the state and that may be one of those things,” said Shannon Buckley.

“I feel anything that pleases somebody you should be able to go on and have it — whether it’s videos, toys, dolls, or whatever,” said Arsenio Mcadony.

Two weeks before the court’s ruling, WLBT went undercover to Adult Video and Books to find the business was still illegally selling the stuff, despite a previous Jackson Police Department raid. We went back to the store to get the owner’s reaction to the recent Texas ruling.

“The appeals court called it the way it’s supposed to be called,” said Charles HObby. “It’s just not right.”

While Adult Video and Books is still illegally selling the devices, the store’s owner says he’s confident the appeals court ruling on the Texas statute will protect him from being prosecuted.

“They could come out here and arrest us, put us in jail, (but) it would be harrassment if they did because under the circumstances they wouldn’t stand a chance of getting a conviction if they did, because it would be thrown out by the appeals court,” said Hobby.

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