Attorneys Comment on Court's 'Obscene Device' Ruling

NEW ORLEANS — Attorneys for Reliable Consultants Inc., the plaintiff in the “obscene device” on which the 5th Circuit Court of Appeals ruled this week, and for Sherri Williams, who has challenged a very similar law in Alabama, applauded the court’s ruling and were hopeful that the court’s reasoning would withstand further review.

“The fact that we got two judges from the second highest court in the land to agree with us is tremendous,” said Jennifer Kinsley of Sirkin Pinales & Schwartz , who represented Reliable Consultants in the case. “It’s a very emotional day for our clients.”

Asked whether she expected the state to request an en banc (full circuit) review of the panel’s decision, Kinsley said “it’s anybody’s guess, but I wouldn’t be at all surprised.”

Reliable Consultants does business in Texas under the names “Dreamers” and “Le Rouge Botique.” Joining the case as a plaintiff after it was initiated by Reliable was PHE, Inc. — better known within adult industry circles as Adam & Eve.

Kinsley said that she thought the ruling was very good news for Williams, as the Alabama statute that Williams has challenged is “virtually identical” to the Texas statute that the 5th Circuit shot down.

“There’s really no intellectually honest way to distinguish between them,” Kinsley said of the two statutes.

Reed Lee of JD Obenberger and Associates, who represented Williams in her challenge of the Alabama statute, concurred with Kinsley, and said that the 5th Circuit’s decision was clearly “in conflict” with the 11th Circuit’s decision in Williams’ case.

“The [5th Circuit] panel majority got it right,” Lee told XBIZ. “This would be pretty straightforward and unremarkable, but for Sherri William’s troubles in the 11th Circuit.”

Lee said that the 5th Circuit panel correctly interpreted Lawrence vs. Texas, the landmark case that resulted in the state’s anti-sodomy law being struck down as unconstitutional.

Asked why it has taken so long for some courts to reach the conclusion that “obscene device” laws are unconstitutional (similar laws have already been struck down in Colorado, Georgia, Kansas and Louisiana), Lee said that the complex nature of the legal issues involved render progress slow.

“This area of substantive due process is a difficult area of law,” Lee said. “It’s because it is so difficult that the courts move so slowly.”

Kinsley said that slow process makes the efforts of plaintiffs like Reliable and Williams all the more remarkable.

“We really appreciated the support and backing of our clients,” Kinsley said of Reliable, adding that their business probably did not stand to profit financially all that much from the law being overturned. “They just felt strongly that their customers were being infringed upon, so they challenged this law and have seen that challenge through, every step of the way.”

As for Williams, whose case the U.S. Supreme Court declined to hear last year, Lee said that the 5th Circuit’s ruling this week — assuming it is not overturned by way of an en banc rehearing — “dramatically raises the chances” that the nation’s highest court will at last hear the case.

“The Supreme Court sees one of its primary roles as resolving splits between the circuits,” Lee said.

If the case does reach the Supreme Court, Lee said he’s optimistic that the court will uphold the 5th Circuit panel’s reasoning, especially in light of the court’s ruling in the Lawrence case.

“Five of the justices who decided Lawrence are still there,” Lee noted. “It’s very hard for me to imagine that the same justices who reached the conclusion that a law against sodomy is unconstitutional would decide that a law against sexual devices is not.”

Read the Panel's Decision

Related:  

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

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

'Group C' to Debut 'Woodman Casting X' Board Game

Gaming company Group C will debut its new industry-themed board game, “Woodman Casting X — The Game,” later this year.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

Hankey's Toys Unveils 'Peak' Prostate Dildo

Mr. Hankey's Toys has debuted the Peak, its new P-spot-targeting prostate dildo.

Kheper Releases 'Ride My Dick' Tickets

Kheper Games has debuted its new "Ride My Dick" sex act novelty coupons.

SVibe Debuts 'Jovi Arc' Vibrating Cock Ring

SVibe has introduced the new remote-controlled Jovi Arc vibrating cock ring.

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Blush Introduces 2 New Vibrating Wands

Blush has debuted two new oscillating wand vibrators, Juno and Sage.

XBIZ Retail Retreat Miami Set for May 4-8

The summer edition of XBIZ Retreat will take place May 4-8, welcoming attendees back to the Grand Miami Beach Hotel’s oceanfront setting and marking the latest installment of the all-inclusive, invitation-only B2B retail event.

Orion Expands 'Beau Coeur' Collection

Orion Wholesale has introduced five new pleasure products from its Beau Coeur collection.

Show More