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

Sofia Smith, Ria Sunn & Lexi Star Topline Latest Volume of Angelo Godshack's 'Angels of Hardcore'

Sofia Smith, Ria Sunn, and Lexi Star headline the fifth volume of director Angelo Godshack’s “Angels of Hardcore,” from Evil Angel.

Isa Bella, Scarlette Moon Headline 'Married to Him, Craving Her'

Isa Bella and Scarlette Moon topline the latest release from Girlfriends Films, titled "Married to Him, Craving Her."

Girlsway Debuts Casey Calvert Drama 'Straight Girls'

Girlsway has released the new drama from multi-XMAs winner Casey Calvert, titled “Straight Girls.”

Juliana Marie, Lana Gee Front Latest Release From TeamSkeet

Juliana Marie stars with Lana Gee and Danny Mountain in the latest scene from TeamSkeet’s “Singles” series, titled “Dad’s Safety Lessons: I Caught Them Riding a Dildo Bike.”

Milena Ray Performs Her 1st DVP for Immoral Productions

Milena Ray performs her first DVP alongside Matt Bird, Terry Banks, and "Porno Dan" Leal in the latest trilogy from Immoral Productions.

Richard Mann Drops New Evil Angel Scene With Sona Bella

Sona Bella stars with director Richard Mann in a new release from Evil Angel.

Orion Debuts 'Six in a Row 2.0' Dildo Set From 'You2Toys' Line

Orion Wholesale has introduced the new six-piece dildo set Six in a Row 2.0 from its You2Toys line.

Emma Rose Leads New Release from Grooby

Multi-XMAs winner Emma Rose stars in the latest release from GroobyVR.

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Anthony Pierce in the latest release from MYLF series “Anal Mom.”

Lilly Bell Makes Her Tushy Raw Debut

XMAs winner Lilly Bell has made her debut for Tushy Raw alongside Jimmy Bud in the latest release from the Vixen Media Group imprint.

Show More