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

Holiday Now Shipping 'Zumio X2' Stimulator

Holiday Products is now shipping the Zumio X2 clitoral stimulator.

CalExotics Appoints Lupe Martinez, Austin Ferdinand to Executive Team

CalExotics has named Lupe Martinez as its new executive director of marketing and Austin Ferdinand as vice president of business development.

Sportsheets Names Emily Silva Director of Product and Merchandising

Sportsheets has appointed Emily Silva as its new director of product and merchandising.

Hazel Heart, Rissa May & Isabella Jules Lead Latest From Girlsway

Hazel Heart stars with Rissa May and Isabella Jules in the latest release from Girlsway, titled “No Boys, No Problem!”

Male Power Debuts 'Eco Cozy' Collection

Male Power has introduced its new Eco Cozy collection of men's underwear.

Dallas Rea Makes Her TeamSkeet Debut

Dallas Rea has made her debut for TeamSkeet alongside Chris Sterling.

On the Set: Cherry Kiss Caps a Decade With 'Cherry on Top'

Cherry Kiss is dabbing sweat off Seth Gamble’s forehead as he hovers over Ella Reese, a black makeup bag slung across her chest.

Ariel Demure, Penny Barber Star in Latest From Transfixed

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Penny Barber in the latest release from Transfixed, titled "An Easy Prospect."

Lucy Mochi Stars in Latest From New Sensations

Lucy Mochi stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from New Sensations.

Altitude Show Taps Deanna Klerks for Buyer Relations and Experience Manager

Altitude Show has hired Deanna Klerks as its new manager of buyer relations and experience.

Show More