Home > News > Adult Stores Seek Rehearing in Sex Toy Ban Case • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Adult Stores Seek Rehearing in Sex Toy Ban Case

Adult Stores Seek Rehearing in Sex Toy Ban Case
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  40.00%
Yes, but in a few years
  37.14%
No
  22.86%
Out of 140 votes. Results based on votes submitted by members of XBIZ.net social network.
Sponsored Links
OJOY.com
OJOY.com is a liberated forum for unabashed news and commentary on all things Sex.
www.ojoy.com
Aug 31, 2016 11:02 AM PDT    Text size: 

ATLANTA — The 11th U.S. Circuit Court of Appeals has been asked to rehear en banc a decision made earlier this month that upheld a lower court's dismissal of two complaints that challenged the constitutionality of the city of Sandy Springs’ ordinance prohibiting the sale of obscene material.

The petition to rehear the case was made last week by the adult stores Flanigan’s and Inserection, which sought to sell the banned sex toys and novelties in Sandy Springs, Ga., along with Melissa Davenport, who suffers from multiple sclerosis and uses sexual toys with her husband to facilitate intimacy, and Marshall Henry, an artist who uses the sex toys in his artwork.

Davenport and Henry contend they have a fundamental right to engage in acts of private, consensual sexual intimacy and said the Sandy Springs ban places a burden on that right.

The appellants, through their attorneys, said that the appeals court should vacate its prior opinion, upholding Sandy Springs ban on the sale of sexually explicit merchandise, because its previous ruling conflicts with U.S. Supreme Court precedent, as well as judicial precedents around the country.

The 11th Circuit, which has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia, earlier this month ruled that its prior holding in Williams v. Attorney General (Williams IV) took precedence, and ruled Sandy Springs' ban legal.

In Williams IV, the appellate court in 2004 upheld an Alabama law against the sale of sex toys, saying the Constitution does not protect the right to buy, sell and use sex toys and other explicit novelty items.

The appellants’ petition to the 11th Circuit, like other legal challenges, said that the challenged ordinance burdens the rights of adults to engage in “private, consensual sexual intimacy.”

“Hemmed in by a divided 2004 opinion of this court, the panel in this case felt constrained to follow the court’s prior precedent,” the appellants’ petition said. “That opinion, Williams, has not stood the test of time — the opinion is irreconcilable with recent opinions of the U.S. Supreme Court.”

“While the panel in this case felt powerless to overrule an opinion of a prior panel, the panel ‘encouraged’ appellants to ask this court to rehear the matter en banc,” the petition said. “In light of the U.S. Supreme Court’s recent opinions and contrary appellate authority, Appellants respectfully suggest that this court revisit its 2004 opinion and recognize that the due process clause protects consenting adults’ right to private intimacy.”

At post time, the 11th Circuit has not yet decided on the disposition of the petition.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Manufacturers Take Action Against Counterfeit Sex Toys

The mainstreaming of pleasure products is proving to be a blessing and a curse for the sex toy industry. As the demand for pleasure products continues to grow, manufacturers are seeing an increase of counterfeiters... More »

Trends in Paysite Design, Content Delivery

Given the highly visual nature of adult entertainment, it is no surprise that many paysites have shown design-forward approaches — some skirting the bleeding edge, while others sought stability over... More »

Surviving Affiliates Seem to Be Thriving

Long a mainstay of traffic generation for adult website owners and monetization channel for tech savvy marketers, “sponsor programs” have delivered countless millions of dollars to affiliates... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

eroFame

Oct 05 - Oct 07
Hannover, Germany

EXXXOTICA Edison

Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!