Home > News > Attorney Wants Sex Aid Case Heard by Supreme Court • Bookmark   • Newsletters   • Register Search Options


Attorney Wants Sex Aid Case Heard by Supreme Court

Attorney Wants Sex Aid Case Heard by Supreme Court
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
Yes, but in a few years
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Jan 6, 2005 4:10 PM PST    Text size: 
MONTGOMERY, Ala. — Attorneys representing the owner of an adult shop and four women who claim that their lives would be diminished without the aid of vibrators are seeking to set the U.S. Supreme Court abuzz and bring sex toys before the highest court in the land.

Mike Fees, attorney for Pleasures store owner Sherri Williams, said he filed a writ of certiorari last week with the U.S. Supreme Court, asking it to decide the constitutionality of state laws prohibiting the sale of “any device designed or marketed as useful primarily for the stimulation of human genital organs.”

Originally enacted by the Alabama legislature in 1998, the law, designated as an “anti-obscenity” act, makes it illegal to distribute and possess with intent to distribute any type of sexual device. People prosecuted under the law face a fine of up $10,000 and “may be imprisoned in the county jail or sentenced to hard labor for the county.”

Taking a page from Lawrence vs. Texas, the U.S. Supreme Court case that struck down Texas laws prohibiting consensual sodomy between men because the court found it unconstitutional to limit legal acts between specific groups of consenting adults, Fees argues that, because masturbation and genitalia stimulation are not illegal in Alabama, the sale of devices used for the purpose should be legal as well.

“The constitutional right of privacy established in a long line of United States Supreme Court decisions forbids this type of intrusion into an individual’s lawful sexual practices and intimate medical affairs,” wrote Fees in an amended complaint in the initial court case.

According to Fees, prohibiting the sale of sexual aids also inhibits the medical treatment of “anorgasmic women” who have difficult achieving orgasm through any other means.

Among the many findings that Fees noted were specific sections of Food and Drug Administration code that address therapeutic uses of vibrators.

“To the extent the challenged statute purports to be premised on general principles of morality, the fact that neither use of sexual aids nor masturbation is unlawful undermines that rationale,” Fees wrote. “To the extent the challenged statute purports to be based on the premise that they are somehow obscene, the devices do not meet the definition of obscenity set out in the Alabama criminal code.”

In the underlying lawsuit, the plaintiffs have twice won their cases in trial courts, but lost on appeal. If the U.S. Supreme Court accepts the case and rules in favor of the plaintiffs, the case could have dramatic effects for the handful of states currently prohibiting the sale of sexual aids.

Currently, these states include Texas, Nebraska, Georgia, Mississippi, Louisiana and Virginia.

The case was lost most recently over the summer in the 11th Circuit Court of Appeals, when it ruled that there is no constitutionally guaranteed fundamental right to sexual privacy.

Fees expects to know whether the high court will accept the case by the middle of February.

The underlying case is Williams vs. Pryor, CV-98-S-1938-NE.

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 !


Cam Model Megan Kroft Dreams Big at Studio 20

Hey guys! Oh, I hate when I say that, all we cam girls say that, it’s beginning to sound so cliché. Hey! Hello! People from the industry, cam girls, cam boys, hello! I’m Megan Kroft.... More »

Rich Girls Offers Pro Cam Modeling Tips

The live camming industry offers endless opportunities to earn signficant sums of money and afford a luxurious lifestyle, but only with tireless efforts and non-stop perseverance. To be an elite cam model... More »

CBT Takes Testicular Play to the Next Level

CBT is an acronym often associated with cognitive behavioral therapy or computer-based training, but in the BDSM world CBT stands for none other than “cock and ball torture.” Those four little... More »
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.

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 World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.


Latin America Adult Business Expo

Jul 10 - Jul 12
Cartagena, Colombia

XBIZ.net Paysite Meetup

Jul 13 - Jul 13
Barcelona, Spain

ANME Founders Show

Jul 16 - Jul 18
Los Angeles Marriott Burbank Airport


Aug 03 - Aug 06
Montreal, Quebec
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!