Court Says Strap-Ons, Other Sex Toys Not ‘Health Products,’ Forcing Montreal’s Largest Sex Shop to Close Early

This article originally appeared on VICE Canada.

Strap-ons, butt plugs, and similar pleasure tools do not constitute "health or hygiene products" under Quebec law.

That's the gist of a precedent-setting Quebec Superior Court decision that came down on July 10 following a Montreal business owner's legal battle against the province's business hours regulation.

More specifically, the court ruled that the health benefits provided by sex shops are not significant enough to let them operate outside of the mandatory closing hours of 9 PM on Thursday and Friday and 5 PM on weekends.

Claude Perron is the owner of three sex shops in the Montreal area, one of which—Boutique Séduction—is the largest in Canada. Perron was first warned by provincial authorities in 2009 but he decided to remain open late, which he had been doing with impunity since 1992.

But this year, facing over half a million dollars in fines, Perron ended up in court to fight for the right to get freaky after 5 PM on weekends.

Under provincial law, pharmacies are allowed to stay open outside of usual retail hours because of the obvious need for basic health and hygiene products like soap or gauze.

"Let's face it, people don't usually use sex toys at 7 AM," Perron told VICE. "It can happen… but usually people need sex toys at night and that's when we're forced to close."

Perron says this isn't fair and that his stores offer products which are equally "urgent" and "necessary."

"This is a common sense issue. According to Health Canada, pleasure, well-being, and eroticism are key elements of sexual health," he said. "If these products can help with sexual well-being and health, I don't see why they should be considered different from other health products."

In court, Perron backed up his argument with expert testimony from a sexologist who said that any product that increases sexual excitation or reduces sexual anxiety should be considered a "health and hygiene" product because they can benefit those suffering from sexual dysfunctions or those who have particular tastes like "light S&M."

Superior Court judge Louis Gouin obviously didn't buy this extremely broad definition of "health or hygiene" products and in his judgement used the examples "sports paraphernalia, ambient music, or books" as offering similar stress-relieving benefits but hardly making them "health or hygiene products."

This isn't Perron's first brush with a bureaucratic bonerkill either. In 2010, the province's Office de la langue française, commonly referred to as "the language police," gave him a slap on the wrist for selling the Super Stretch Sleeve (a girth-enhancing penis ring designed for clitoral stimulation) in English-only packaging.

Despite annual revenues in the ballpark of $3.5 million [$2.7 USD] according to court documents, it's not all about money. Perron says he's not afraid to litigate in the name of civil liberties and the free market.

"For me, it's also a matter of principle. I went to court to have my rights upheld because if nobody does anything about this regulation, nothing will change. Society can regulate itself. If consumers didn't want sex products at these times, then we would have closed our doors."

Perron told VICE that he will respect the court's orders to operate only within the provincial hours but that he is unsure about the decision. He cited the exorbitant costs of an appeal as a factor.

"I am disappointed. I didn't think I would lose, I wouldn't have fought this case if I knew I was going to lose."

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