Bill would make sale of sex toys illegal in South Carolina

Bill would make sale of sex toys illegal in South Carolina

By SEANNA ADCOXThe Associated PressApril 21, 2006

COLUMBIA — Lucy’s Love Shop employee Wanda Gillespie said she was flabbergasted that South Carolina’s Legislature is considering outlawing sex toys.

But banning the sale of sex toys is actually quite common in some Southern states.

The South Carolina bill, proposed by Republican Rep. Ralph Davenport, would make it a felony to sell devices used primarily for sexual stimulation and allow law enforcement to seize sex toys from raided businesses.

"That would be the most terrible thing in the world," said Ms. Gillespie, an employee the Anderson shop. "That is just flabbergasting to me. We are supposed to be in a free country, and we’re supposed to be adults who can decide what want to do and don’t want to do in the privacy of our own homes."

Ms. Gillespie, 49, said she has worked in the store for nearly 20 years and has seen people from every walk of life, including "every Sunday churchgoers."

"I know of multiple marriages that sex toys have sold because some people need that. The people who are riding us (the adult novelty industry) so hard are probably at home buying it (sex toys and novelties) on the Internet. It’s ridiculous."The measure would add sex toys to the state’s obscenity laws, which already prohibit the dissemination and advertisement of obscene materials.

People convicted under obscenity laws face up to five years in prison and a $10,000 fine.

South Carolina law borrows from a 1973 U.S. Supreme Court ruling to define obscene as something "contemporary community standards" determine as "patently offensive" sexual conduct, which "lacks serious literary, artistic, political or scientific value."

Sugar ‘N Spice manager Pat Irons says a proposal to outlaw the sale of sex toys in South Carolina is outrageous.

While Davenport’s proposal is probably aimed at shutting down X-rated adult bookstores, Ms. Irons said, it hurts customers of "couples-oriented" stores such as her West Columbia shop, which sells everything from lingerie to bridal shower novelties to lotions.

At Sugar ‘N Spice, sex toys are displayed in a separate room. Buyers include men and women who "need a little help" because surgery or medical problems are affecting their marriage, Ms. Irons said.

"We’ve been selling these sex toys for 27 years," she said Friday. "Even pastors shop in here. They send couples in here they counsel for marriage problems. It’s probably going to hit people like that harder than people realize."

A Townville sex shop owner questioned the proposal’s legality.
"I don’t think that would be fair," said John Terezakis, owner of Paradise! in Townville. "It’s depriving people of their freedom of choice. I don’t think the customers would appreciate it very much."

Rep. Davenport, who is from Spartanburg County, did not return several messages Friday to talk about his bill, which was introduced last month. No other legislator has signed on as a co-sponsor and its passage this year seems unlikely.

Recent police raids in Rep. Davenport’s county have targeted adult-oriented businesses.

The sheriff’s office there seized movies, sex toys, sexual-enhancement pills and surveillance tapes from two businesses in January.

One of the stores, Priscilla’s, sued the sheriff’s office, claiming the raid violated constitutional rights and asked for the return of the seized items. Sheriff Chuck Wright refused.

The case has not yet gone to trial, Maj. Dan Johnson said.

Maj. Johnson said he knew nothing of Rep. Davenport’s proposal and was unsure how it could help their investigations, which involve undercover detectives renting movies or buying magazines and prosecutors determining whether they’re obscene.

"We’re focused on the hard-core magazines, videos ... the hard-core porn," he said.
Other states that ban the sell of sex toys include Alabama, Georgia, Mississippi and Texas, said Mark Lopez, an attorney for the American Civil Liberties Union.

Alabama’s law banning the sale of sex toys has been circulating through the courts since its passage in 1998. U.S. District Judge Lynwood Smith Jr. twice ruled against the law, holding that it violated the constitutional right to privacy, but the state won both times on appeal.
In February 2005, the U.S. Supreme Court declined to hear the case, which is back in the lower courts.

"People think it’s distasteful. It makes for good campaign fodder and panders to the conservative side of people. That’s why we see the laws in the South," Mr. Lopez said.
The ACLU got involved in the case, he said, to "keep the government out of the bedroom."
Though the laws don’t punish people for owning sex toys, banning their sale is a backdoor attempt to discourage their use, Mr. Lopez said.

"People have a fundamental right to engage in lawful sexual practices in the privacy of their home," Mr. Lopez said. "It’s not like this stuff is available in Macy’s. Kids aren’t allowed in. You or I wouldn’t accidentally walk into one."

Anderson Independent-Mail reporter Samantha Epps contributed to this story.





* Republican County Constable Larry Dale Floyd was arrested on suspicion of soliciting sex with an 8-year old girl. Floyd has repeatedly won elections for Denton County, Texas, constable.
* Republican judge Mark Pazuhanich pleaded no contest to fondling a 10-year old girl and was sentenced to 10 years probation.
* Republican Party leader Bobby Stumbo was arrested for having sex with a 5-year old boy.
* Republican teacher and former city councilman John Collins pleaded guilty to sexually molesting 13 and 14 year old girls.
* Republican campaign worker Mark Seidensticker is a convicted child molester.
* Republican Mayor Philip Giordano is serving a 37-year sentence in federal prison for sexually abusing 8- and 10-year old girls.
* Republican Mayor John Gosek was arrested on charges of soliciting sex from two 15-year old girls.
* Republican County Commissioner David Swartz pleaded guilty to molesting two girls under the age of 11 and was sentenced to 8 years in prison.
* Republican legislator Edison Misla Aldarondo was sentenced to 10 years in prison for raping his daughter between the ages of 9 and 17.
* Republican Committeeman John R. Curtain was charged with molesting a teenage boy and unlawful sexual contact with a minor.
* Republican anti-abortion activist Howard Scott Heldreth is a convicted child rapist in Florida.
* Republican zoning supervisor, Boy Scout leader and Lutheran church president Dennis L. Rader pleaded guilty to performing a sexual act on an 11-year old girl he murdered.
* Republican anti-abortion activist Nicholas Morency pleaded guilty to possessing child pornography on his computer and offering a bounty to anybody who murders an abortion doctor.
* Republican campaign consultant Tom Shortridge was sentenced to three years probation for taking nude photographs of a 15-year old girl.
* Republican racist pedophile and United States Senator Strom Thurmond had sex with a 15-year old black girl which produced a child.
* Republican pastor Mike Hintz, whom George W. Bush commended during the 2004 presidential campaign, surrendered to police after admitting to a sexual affair with a female juvenile.
* Republican legislator Peter Dibble pleaded no contest to having an inappropriate relationship with a 13-year-old girl.
* Republican advertising consultant Carey Lee Cramer was charged with molesting his 9-year old step-daughter after including her in an anti-Gore television commercial.
* Republican activist Lawrence E. King, Jr. organized child sex parties at the White House during the 1980s.
* Republican lobbyist Craig J. Spence organized child sex parties at the White House during the 1980s.
* Republican Congressman Donald "Buz" Lukens was found guilty of having sex with a female minor and sentenced to one month in jail.
* Republican fundraiser Richard A. Delgaudio was found guilty of child porn charges and paying two teenage girls to pose for sexual photos.
* Republican activist Mark A. Grethen convicted on six counts of sex crimes involving children.
* Republican activist Randal David Ankeney pleaded guilty to attempted sexual assault on a child.
* Republican Congressman Dan Crane had sex with a female minor working as a congressional page.
* Republican activist and Christian Coalition leader Beverly Russell admitted to an incestuous relationship with his step daughter.
* Republican Judge Ronald C. Kline was placed under house arrest for child molestation and possession of child pornography.
* Republican congressman and anti-gay activist Robert Bauman was charged with having sex with a 16-year-old boy he picked up at a gay bar.
* Republican Committee Chairman Jeffrey Patti was arrested for distributing a video clip of a 5-year-old girl being raped.
* Republican activist Marty Glickman (a.k.a. "Republican Marty"), was taken into custody by Florida police on four counts of unlawful sexual activity with an underage girl and one count of delivering the drug LSD.
* Republican legislative aide Howard L. Brooks was charged with molesting a 12-year old boy and possession of child pornography.
* Republican Senate candidate John Hathaway was accused of having sex with his 12-year old baby sitter and withdrew his candidacy after the allegations were reported in the media.
* Republican preacher Stephen White, who demanded a return to traditional values, was sentenced to jail after offering $20 to a 14-year-old boy for permission to perform oral sex on him.
* Republican talk show host Jon Matthews pleaded guilty to exposing his genitals to an 11 year old girl.
* Republican anti-gay activist Earl "Butch" Kimmerling was sentenced to 40 years in prison for molesting an 8-year old girl after he attempted to stop a gay couple from adopting her.
* Republican Party leader Paul Ingram pleaded guilty to six counts of raping his daughters and served 14 years in federal prison.
* Republican election board official Kevin Coan was sentenced to two years probation for soliciting sex over the internet from a 14-year old girl.
* Republican politician Andrew Buhr was charged with two counts of first degree sodomy with a 13-year old boy.
* Republican politician Keith Westmoreland was arrested on seven felony counts of lewd and lascivious exhibition to girls under the age of 16 (i.e. exposing himself to children).
* Republican anti-abortion activist John Allen Burt was found guilty of molesting a 15-year old girl.
* Republican County Councilman Keola Childs pleaded guilty to molesting a male child.
* Republican activist John Butler was charged with criminal sexual assault on a teenage girl.
* Republican candidate Richard Gardner admitted to molesting his two daughters.
* Republican Councilman and former Marine Jack W. Gardner was convicted of molesting a 13-year old girl.
* Republican County Commissioner Merrill Robert Barter pleaded guilty to unlawful sexual contact and assault on a teenage boy.
* Republican City Councilman Fred C. Smeltzer, Jr. pleaded no contest to raping a 15 year-old girl and served 6-months in prison.
* Republican activist Parker J. Bena pleaded guilty to possession of child pornography on his home computer and was sentenced to 30 months in federal prison and fined $18,000.
* Republican parole board officer and former Colorado state representative, Larry Jack Schwarz, was fired after child pornography was found in his possession.
* Republican strategist and Citadel Military College graduate Robin Vanderwall was convicted in Virginia on five counts of soliciting sex from boys and girls over the internet.
* Republican city councilman Mark Harris, who is described as a "good military man" and "church goer," was convicted of repeatedly having sex with an 11-year-old girl and sentenced to 12 years in prison.
* Republican businessman Jon Grunseth withdrew his candidacy for Minnesota governor after allegations surfaced that he went swimming in the nude with four underage girls, including his daughter.
* Republican director of the "Young Republican Federation" Nicholas Elizondo molested his 6-year old daughter and was sentenced to six years in prison.
* Republican president of the New York City Housing Development Corp. Russell Harding pleaded guilty to possessing child pornography on his computer.
* Republican benefactor of conservative Christian groups, Richard A. Dasen Sr., was found guilty of raping a 15-year old girl. Dasen, 62, who is married with grown children and several grandchildren, has allegedly told police that over the past decade he paid more than $1 million to have sex with a large number of young women.
* Republican Defense Secretary Donald Rumsfeld authorized the rape of children in Iraqi prisons in order to humiliate their parents into providing information about the anti-American insurgency. See excerpt of one prisoner's report here and his full report here.