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

Grooby Producer/Director Louie Damazo Passes Away

Longtime Grooby producer and director Louie Damazo passed away Sunday at his home in Brazil at the age of 58.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Penthouse Names Lulu Romanova as September's 'Pet of the Month'

Penthouse Magazine has named Lulu Romanova as Pet of the Month for September.

Williams Trading Founder Bob Pyne Sr. Passes Away at 88

Bob Pyne Sr., founder of Williams Trading Co. and adult industry pioneer, has passed away at the age of 88.

Suki Sin Fronts Latest From New Sensations

Suki Sin stars with Codey Steele in the latest release from New Sensations.

E/X Ibiza Experience Set to Launch in September

The EroSpain and XBIZ co-hosted E/X Ibiza Experience B2B event will take place at Ibiza Gran Hotel from Sept. 22-25.

Elly Clutch Stars in Latest From Brazzers

Elly Clutch stars with Dwayne Foxxx in the latest release from Brazzers, titled "Summer Snatch."

Vixen Celebrates a Decade of Decadence With a View From the Top

The adult community took multiple shuttles through the winding roads and driveways of Benedict Canyon on Friday night to celebrate Vixen Media Group’s 10th anniversary.

Richard Mann Drops New Evil Angel Scene With Ravyn Alexa

Ravyn Alexa stars in an Evil Angel scene alongside director/performer Richard Mann.

Rocco Siffredi Drops New Evil Angel Scene With Amber Kawaii

Amber Kawaii stars with Little Maly in a new Rocco Siffredi-helmed Evil Angel scene.

Show More