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 © 2025 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

Dr. Carol Queen to Keynote 2026 XBIZ Expo Pleasure Products Trade Show

XBIZ is pleased to announce that Dr. Carol Queen, Good Vibrations staff sexologist, pleasure community historian, and curator of the Antique Vibrator Museum, will deliver the keynote address at the 2026 XBIZ Expo.

Anissa Kate, Katie Kush Topline Latest 'Lesbian Anal' From Sweetheart Video

Anissa Kate and Katie Kush headline "Lesbian Anal 8," from Mile High Media studio imprint Sweetheart Video.

Evil Angel Drops Angelo Godshack's 'Squirting Wars'

Evil Angel has released director Angelo Godshack’s “Squirting Wars.”

Red Rose Makes Her WIFEY Debut

Red Rose stars with her husband James and Hollywood Cash in the latest release from Vixen Media Group studio imprint WIFEY.

Better Life Science Joins PASS as New Testing Partner

Performer Availability Screening Services (PASS) has added Better Life Science as a new testing partner.

Yakira King, King Noire Star in Latest From TGirls.xxx

Yakira King and King Noire star in the latest release from Grooby paysite TGirls.xxx, titled "Pop the Balloon: Trans Edition."

Orion Debuts 'Cuties' Vibrating Anal Plug Collection

Orion Wholesale has introduced its new Cuties Mini Butt Plug collection.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Lovehoney Group, Xgen Sign Licensing Agreement for 'Pleasure Air' Tech

Lovehoney Group has signed a licensing agreement with Xgen for the latter to use the former's patented Pleasure Air technology in its pleasure products.

Show More