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Originally enacted by the Alabama legislature in 1998, the law, designated as an “anti-obscenity” act, makes it illegal to distribute and possess with intent to distribute any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 © 2026 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

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Metro Distributors Taps Nancy Cosimini for Sales Account Manager

Metro Distributors has hired industry veteran Nancy Cosimini as its newest sales account manager.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

OTouch Debuts 'YU-BattleHelm' Vibe Set

OTouch has introduced its YU-BattleHelm couples vibrator set.

Orion Debuts 'G-Spot Vibrator With Rotating Tickler' From Sweet Smile Line

Orion Wholesale has introduced the G-Spot Vibrator With Rotating Tickler from its Sweet Smile line.

CalExotics Expands 'Connect' Line

CalExotics has expanded its app-controlled Connect line with three new products, Explorer, Warming Wand, and Advanced Probe.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying customers access to services based on lawful business activities perceived as high-risk.

JO Debuts 'Vitalize' Skincare Line

JO has introduced its new Vitalize collection of skincare products.

Show More