A judge in the US state of New York has confirmed this: Condoms with political messages may continue to be sold
Jose Andur is relieved. The street vendor is allowed to continue selling condoms with the likenesses of President Obama, Senator John McCain and Sara Palin. He was banned from doing so almost two years ago during the US election campaign because he did not have a licence to operate a shop. New York's city ordinance stipulates that flying vendors also need one, especially if they offer "hygiene products".
Except Jose Andur. Because the highest court has now ruled that what he sells are not contraceptives. They are political pamphlets. On the condoms, for example, the buyer can read next to a picture of John Mc Cain: "Old, but not expired", next to Sarah Palin is "When abortion is not an option" and President Obama advertises safer sex with his face and the sentence "Hope is not a form of protection".
Usually only clothing, mugs and the like are allowed to have political messages on them, but Judge Lynn R. Kottler found:
"The rational buyer of these condoms will probably not buy them in order to protect himself during sex, thus mentally misappropriating them even before the purchase. The rational buyer purchases the goods sold by the defendant because of their political message." That is why the condoms are not to be understood as condoms. "Rather, they are material such as flyers or leaflets," writes Kottler in her judgement.
The condoms have been medically tested and are actually fully functional. But they are almost too good for that, says Jose Andur.
(pasch)
