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Originally enacted by the Alabama legislature in 1998, the law, designated as an “anti-obscenity” act, makes it illegal to distribute and possess with intent to distribute any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

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Better Life Science Launches 'Affiliate and Influencer' Initiative

CLIA-certified laboratory network Better Life Science has launched its affiliate and influencer program.

Nasstoys Names Meghan Beck Vice President of Sales and Operations

Nasstoys has appointed Meghan Beck as its new vice president of sales and operations.

Hankey's Toys Debuts Krave Melanin Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Krave Melanin.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Uncover Creations Launches Product Design Competition

U.K. pleasure brand Uncover Creations has launched its second Design a Grinder product design competition.

Hot Octopuss Debuts 'Jett Turbo' Male Stimulator

Pleasure brand Hot Octopuss has introduced its new Jett Turbo male frenulum stimulator.

Fleshlight, Hentaied Team Up to Launch Product Line

Fleshlight and Hentaied have partnered to launch the new Fleshlight x Hentaied collection.

Orion Debuts New Vibrator From 'Javida' Line

Orion Wholesale has introduced a new two-function vibrator from its Javida line.

Show More