Attorney Wants Sex Aid Case Heard by Supreme Court

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Originally enacted by the Alabama legislature in 1998, the law, designated as an “anti-obscenity” act, makes it illegal to distribute and possess with intent to distribute any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.

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

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Neon Coyotes Releases 'Day Collection'

Neon Coyotes has debuted its latest drop of BDSM wear, the Day Collection.

Ashley Manta Appointed Sexual Wellness Curator at Bspoke

2020 XBIZ Sexpert of the Year Ashley Manta has been appointed a curator of sexual wellness brands and events at Bspoke.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More