Court: Alabama Can Continue Sex Toy Sales Ban

BIRMINGHAM, Ala. — In a blow to sex toy and novelty retailers, Alabama’s sex toy ban survived another court challenge in federal court.

A U.S. District Court in Birmingham ruled that Alabama has a right to limit sales of vibrators, sex dolls and butt plugs, as well as any other device used for sexual arousal.

Alabama’s sex toy statute criminalizes the commercial distribution of “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.

Sheri Williams, who owns Pleasures stores in Huntsville and Decatur, filed the lawsuit with seven other women and two men against the state Attorney General

Williams and the other plaintiffs argued the law was unconstitutional under Lawrence vs. Texas, 539 U.S. 558 (2003), in which the U.S. Supreme Court found no rational basis in public morality for banning sodomy.

But U.S. District Judge C. Smith’s latest ruling finds that the sex toy ban "does not fit squarely within the mold of Lawrence" and therefore survives review.

"[T]he Alabama statute does not offend the human dignity of a stigmatized class of individuals, nor implicate equal protection concerns about targeting a 'discrete and insular minority' for discrimination or harm out of simple hostility," Smith said in the ruling.

The case has wended its way throughout the legal labyrinth for seven years, starting with Smith’s 1999 holding that the law “was not rationally related to any legitimate state interest."

In a following legal test Smith reversed his decision, then invalidated it.

Then the 11th U.S. Circuit Court of Appeals limited Smith’s review to a more narrow issue — whether public morality is still a sufficiently rational basis to prohibit what the state's lawyers have called "commerce in the pursuit of orgasms by artificial means for their own sake."

This time around, Smith showed sarcasm after being rebuked by the 11th Circuit for not following its earlier instructions. "This lowly court," he said in a footnote, "can only hope that it has not again so woefully misconstrued the 11th Circuit’s directives."

The case is Williams vs. King, No. CV-98-S-1938.

Copyright © 2024 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

Tonga Now Shipping New Lubes, Pleasure Sets

Tonga BV is now shipping a collection of six new personal lubricants, as well as five limited edition pleasure sets, from La Nua.

Swiss Navy Debuts 'Pride' Lubricant Bottle

M.D. Science Lab, maker of Swiss Navy, has introduced a new Pride bottle for its premium silicone lubricant.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company Multi Media reached a settlement with the State of Texas regarding the state's controversial age verification law, HB 1181.

Lioness Launches 'Sexperiments' Project

Sextech pleasure brand Lioness is launching "Sexperiments," a monthly project to study various aspects of female sexuality.

Oxballs Debuts 'Glowsling' LED Cocksling

Oxballs has introduced its new Glowsling light-up LED cocksling.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to curtail access to adult material in the U.S. through carefully drafted “age verification” legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products, Emojibator Sign Distro Deal

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge has acquitted former Backpage.com co-owner Michael Lacey, and two co-defendants, of most of the counts remaining from the protracted case launched against the website operators by the Justice Department in 2018.

Show More