Ban On Sex Devices
February 6, 2007 Fox40 KTXL Sacramento
SACRAMENTO COUNTY — Sacramento County supervisors approved a first for California, a ban on the sale of sex devices near schools, churches, and parks. The move is in response to an Orangevale business that has drawn protests by neighbors. The Cupid's Love Boutique was supposed to be a lingerie shop when it opened in December, but it also sells adult materials, including DVD's, lotions, condoms, and exotic sex toys.
The county promptly limited those items to 25 percent of its floor space. Even so, it's near an elementary school, several day care centers, and homes.
Manuel Sol runs the the Oranangevale Meat Shoppe a few doors down. He says his business is being hurt. Protests by neighbors prompted Supervisor Roberta McGlashen to craft an ordinance banning the sale of sex devices within a thousand feet of schools, bus stops, libraries and child care centers.
MacGlashan said, "I view this as further strengthening the board's commitment to protecting young people."
But such a law has never been tested in a California court and the definition of a sexual device could be an issue.
One concern, the ordinance doesn't do anything to change the appearance of the store, it's displays, or it's advertising.
Supervisor Roger Dickinson was also concerned about the criminal penalty of a thousand dollar fine and six months in jail. In contrast, adult businesses like strip clubs and video stores are subject to business zoning rules and civil penalties. But he was overruled. Given that the store can continue to sell other adult merchandise, this is only a partial victory for neighbors, but still a victory.
Sol said, "You got to start somewhere. I think it's a good beginning. I was happy today with the results." The store's owners said earlier that they would continue to sell sex toys and devices online should the ordinance pass. That will happen next Tuesday when the official vote is recorded. The ordinance only applies to unincorporated parts of the county and not within city limits.
