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

Penthouse Names Ccinnamon as July's 'Pet of the Month'

Penthouse Magazine has named Ccinnamon as Pet of the Month for July.

Kheper Releases New 'Sex Tower' Couples Game

Kheper Games has released its new Sex Tower couples game.

Blake Blossom Rolls Into the July Issue of X3 Magazine

Award-winning star Blake Blossom sparkles on the cover of the July issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top creators and performers.

Mylo Unveils New 3-in-1 Massager

Pleasure brand Mylo has debuted its three-in-one massage wand.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added two sex swings to its Bad Kitty collection of fetish accessories.

Hazel Heart Makes Her Blacked Debut

Hazel Heart has made her debut for Vixen Media Group studio imprint Blacked, alongside Jason Luv.

Wellness Brand Mila Raises $2.5M in Pre-Seed Funding Round

New sexual wellness brand Mila has raised $2.5 million in pre-seed funding.

Our Erotic Journey to Debut New App, Pleasure Products at ANME

Our Erotic Journey will introduce its new OEJ Remote App as well as six compatible new devices at ANME trade show in Burbank next month.

Munro Blaxxx Performs Her 1st Anal for West Coast Productions

Munro Blaxxx has performed her first anal scene in the latest release from West Coast Productions (WCP).

Blush Debuts 'Twin Python' From 'Temptasia' Line

Blush has introduced the Twin Python from the Serpent Collection of its Temptasia line.

Show More