11th Circuit to Rehear Challenge to Ga. City's Sex Toy Ban

11th Circuit to Rehear Challenge to Ga. City's Sex Toy Ban

ATLANTA — The 11th U.S. Circuit Court of Appeals plans to hold an en banc rehearing on a challenge to the city of Sandy Springs’ sex toy ordinance that it previously upheld.

The city, a suburb of Atlanta, enacted the ordinance in May 2004, prohibiting the open display of vibrators and sex toys by retailers. The law also requires a doctor’s prescription to purchase them.

The 11th Circuit — holding jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia — did not explain its rationale for the en banc rehearing.

The legal challenge was made by the adult stores Flanigan’s and Inserection, which sought to sell the banned sex toys and novelties, along with Melissa Davenport, who suffers from multiple sclerosis and said she uses sexual toys with her husband to facilitate intimacy, and Marshall Henry, an artist who uses the devices 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 sex toy ban places a burden on that right.

The appellants argued the ban violated the due process clause of the 14th Amendment of the Constitution.  

“The appellants contend that they have a fundamental right to engage in acts of private, consensual sexual intimacy, and that the ordinance burdens this right,” the panel wrote. “The city responds that this claim is foreclosed by our prior holding in Williams IV.”

The appeals court ruled that its prior holding in Williams v. Attorney General (Williams IV) took precedence.

In Williams IVthe appellate court 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.

View 11th Circuit order

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Idaho Legislature Passes Republican Age Verification Bill With Full Democratic Support

The Idaho legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Allure Lingerie Hires April Hoopes as Account Executive

Allure Lingerie has hired industry veteran April Hoopes as its newest account executive.

Svakom Wins Erofest 2024 Award for Pulse Galaxie

Svakom’s Pulse Galaxie was named Best Erotic Toy 2023 at Erofest 2024.

Rep. Alexandria Ocasio-Cortez Partners With Anti-Porn Lobby NCOSE

Democratic New York Rep. Alexandria Ocasio-Cortez issued a press statement last week prominently highlighting her partnership with religiously-inspired anti-porn lobby NCOSE, an organization that seeks to criminalize all sex work and eradicate adult content, and that has an extensive, well-documented history of championing state censorship and opposing LGBTQ+ rights.

Age Verification Trade Group Weighs In on UK Consultation

The Age Verification Providers Association (AVPA) filed earlier this month its response to U.K. media regulator Ofcom's consultation soliciting feedback on the regulation of adult websites under Part 5 of the Online Safety Act.

Aneros Releases 'Psy' Massager, 'Sessions' Gel

Aneros has debuted two new products: adjustable prostate massager Psy and water-based gel lubricant Sessions Gel.

Orion Rebrands 'NO:XQSE' Line as 'Fantasy by Cotelli' Collection

Orion Wholesale has rebranded its NO:XQSE line of lingerie as the Fantasy by Cotelli collection.

WIPO Rules in Favor of Clips4Sale, Orders Transfer of Infringing Website

A World Intellectual Property Organization (WIPO) panel has issued a decision ruling against a Russia-based website operator accused of infringing on intellectual property belonging to clip site Clips4Sale.

Eldorado Partners With Hot Octopuss for Next Facebook Live Event

Eldorado and Hot Octopuss are partnering for the next edition of the "Eldorado Presents" Facebook Live series on Tuesday, March 19 at 10 a.m. (PDT).

Show More