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

SVibe Debuts 'Snail Twinn' Vibe

SVibe has introduced the new Snail Twinn clit-hugging vibrator.

Barbie Rous Is Hustler's 'Cover Honey' for April

Barbie Rous is the Cover Honey for the April issue of Hustler Magazine and appears in a 12-page centerfold spread shot by Davide Esposito.

Lovita Fate Returns to Immoral Productions

Lovita Fate stars in the latest trilogy from Immoral Productions, alongside Devils Kos, Terry Banks, and studio honcho “Porno Dan” Leal.

Andi Avalon, Emma Rosie Front Latest From Girlsway

Andi Avalon and Emma Rosie star in the latest Girlsway release, titled “Her Favorite Dessert.”

Nalpac Releases 2026 Spring Lingerie Catalog

Nalpac has released its 76-page 2026 spring lingerie catalog, featuring hundreds of products.

Performer/Creator Seth Peterson Passes Away at 28

Performer and creator Seth Peterson passed away on Saturday, according to his fiancé and best friend, Kobe Marsh. Peterson was 28.

Alina Lopez on Finding the Blueprint for XMA Gold

“This year, I’ve already traveled out of the country, gone to two major award shows and bought a new house,” Alina Lopez tells XBIZ, offering a sigh of exhaustion. “And February’s not even over.”

Blush Introduces 'Queens Reign' Vibe Collection at Altitude Intimates

Blush has debuted its Queens Reign vibrator collection at the Altitude Intimates Show in Las Vegas, which runs until Tuesday.

Avery Lust Leads New Scene from Grooby

Avery Lust stars in the latest release from Grooby Girls, titled “In the Wild.”

Avery Lust, Kasey Kei & Nicole Vaunt Headline 'TS Adventures 2' From TransSensual

Avery Lust, Kasey Kei, and Nicole Vaunt topline “TS Adventures 2” from Mile High Media studio imprint TransSensual.

Show More