Alabama Sex Toy Ban Back in Court

HUNTSVILLE, Ala. — Despite the U.S. Supreme Court’s refusal in February to hear an appeal to an Alabama law that prohibits the sale of sex toys, a number of plaintiffs from that case have filed a new challenge in U.S. District Court in Huntsville.

First passed in 1998, the statute makes it illegal to sell “any device designed or marketed as useful primarily for the stimulation of human genital organs.” Violations are punishable with fines of up to $10,000 and as much as a year in prison.

The law has a complicated history. It has twice been overturned in federal court, then subsequently upheld on appeal in both cases.

Michael Fees, an attorney for the plaintiffs —adult novelty retailers, free speech advocates and a number of women who say they need the devices for therapeutic purposes — said he hopes to once again push the issue to the Supreme Court’s doorstep.

He filed a motion this week with U.S. District Judge Lynwood Smith, the same judge who has twice overturned the law before being overruled by the 11th Circuit Court of Appeals.

Fees is arguing that the law is an unconstitutional intrusion on sexual privacy. He cited the Supreme Court’s decision in Lawrence vs. Texas, which struck down a Texas sodomy law and created a fundamental due process right to sexual privacy.

What’s more, Fees contended that, because masturbation and genital stimulation are not illegal in Alabama, the sale of devices used for those purposes should not be, either.

While Judge Smith has shown himself to be sympathetic to the plaintiffs’ case, the high court earlier this year rejected, without comment, an appeal based on the same argument.

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

Vixen Celebrates a Decade of Decadence With a View From the Top

The adult community took multiple shuttles through the winding roads and driveways of Benedict Canyon on Friday night to celebrate Vixen Media Group’s 10th anniversary.

Richard Mann Drops New Evil Angel Scene With Ravyn Alexa

Ravyn Alexa stars in an Evil Angel scene alongside director/performer Richard Mann.

Rocco Siffredi Drops New Evil Angel Scene With Amber Kawaii

Amber Kawaii stars with Little Maly in a new Rocco Siffredi-helmed Evil Angel scene.

Lilly Bell Leads Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars in the latest Girlsway release, titled “You Won’t Last a Day!”

Octavia Red, Cherry Kiss & Seth Gamble Star in 'Devil in Her' From Elegant Angel

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Cherry Kiss and Seth Gamble in Elegant Angel’s crime thriller "Devil in Her."

Scott Nails on Building a Lasting Career With Blue-Collar Grit

When you hear the name Scott Nails, certain images probably come to mind. On this sweltering summer afternoon, however, the only nailing in sight is happening beneath the swing of a hammer.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Courtney Tillia, Girthmasterr Star in Latest From Brazzers

Courtney Tillia stars with Brazzers exclusive Girthmasterr and Kaiia Eve in the studio's latest release, "Yoga, Massage, Sex...In That Order!"

Show More