AN adult-oriented business has taken the comptroller of customs to court over the seizure of several shipments of adult toys.

Ronna Zamora Rodriguez, the owner of Intimate Affairs, which specialises in the retail sale of adult entertainment toys, says the failure to publish a clear policy on the importation of sex toys is unlawful.

The lawsuit asks for declarations that the comptroller acted unlawfully by seizing several consignments of adult toys; that the continued detention of the items is also unlawful and because of the delay to institute forfeiture proceedings, it can no longer be done.

On Wednesday, Justice Westmin James granted Rodriguez to pursue her judicial review claim.

Rodriguez said shipments of adult toys were seized in April, again in May and two more times in June. And, although her attorneys have written to the comptroller for the return of the items, as directed, they have not been returned.

When the items were seized, Rodriguez was told the goodS were prohibited and deemed indecent or obscene.

Her lawsuit says previously, she had no issue importing this type of adult toy. She said one particular type of adult toy she imports, and sells, is a replica of male genitalia, commonly called a dildo.

“I know from my knowledge of the industry and conversations and interactions with my customers that this item, which is a popularly sold item, is often purchased for therapeutic purposes and oftentimes by married couples to assist in their intimacy and ensure a vibrant sex life which leads to a happier and more fulfilling marriage.”

Rodriguez wants the court to quash the decision by the comptroller to seize the items as well as compel the publishing of a policy on the importation of sex toys.

She also wants compensation for the detention of the items.

The lawsuit contends other adult toy importers have spoken of similar inconsistencies and the arbitrariness of the pattern of seizures by the Customs and Excise Division.

It also said Rodriguez’s business was at risk since she did not know what adult toys would be seized or what criteria would be applied to deem them as obscene, indecent or in contravention of the Customs Act.

Section 45(1)(l) of the act prohibits the importation of indecent or obscene prints, paintings books, and pornographic material and the lawsuit contends that the comptroller has has enforced this prohibition in an arbitrary, haphazard and/or irrational manner.

It said Rodriguez was entitled to a clear and coherent statement and policy on what constituted obscenity about the category of adult toys.

She said she was told that she could not import items which replicated male genitalia, which could not be split, or those which resembled female genitalia and the seizures were particularly in relation to items which resembled or replicated the former.

“I am at the mercy of the arbitrary, subjective, and vague determinations of the intended defendant or the various customs officers who initially inspect these items and if they are deemed to be prohibited, my good