11th Circuit Upholds Ga. City's Sex Toy Ban — for Now

11th Circuit Upholds Ga. City's Sex Toy Ban — for Now

ATLANTA — The 11th U.S. Circuit Court of Appeals this week sided with the city of Sandy Springs, Ga., in its battle against retailers that sell sex toys, upholding the municipality’s ban on the sale of sexually explicit merchandise.

But the 11th Circuit panel that reviewed the case also suggested that the whole court, en banc, should review the decision.

The 11th Circuit’s ruling upheld, for now, a lower court's dismissal of two complaints that challenge the constitutionality of the Sandy Springs’ ordinance prohibiting the sale, rental or lease of obscene material.

The legal challenge was brought by the adult stores Flanigan’s and Inserection, which sought to sell the banned sex toys and novelties, along with Melissa Davenport, who suffers from multiple sclerosis and says she uses sexual toys with her husband to facilitate intimacy, and Marshall Henry, an artist who uses the devices in his artwork.

Davenport and Henry contend they have a fundamental right to engage in acts of private, consensual sexual intimacy and said the Sandy Springs ban places a burden on that right.

The appellants argued the ban violated the due process clause of the 14th Amendment of the Constitution.  

“The appellants contend that they have a fundamental right to engage in acts of private, consensual sexual intimacy, and that the ordinance burdens this right,” the panel said. “The city responds that this claim is foreclosed by our prior holding in Williams IV.”

The appeals court ruled that its prior holding in Williams v. Attorney General (Williams IV) took precedence.

In Williams IV, the appellate court upheld an Alabama law against the sale of sex toys, saying the Constitution does not protect the right to buy, sell and use sex toys and other explicit novelty items.

"Therefore, unless and until our holding in Williams IV is overruled en banc, or by the Supreme Court, we are bound to follow it. Although we are sympathetic to the appellants' 14th Amendment Due Process claim, we are constrained by our prior precedent in Williams IV, and we are obligated to follow it," the court said.

The 11th Circuit has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia.

View ruling

Related:  

Copyright © 2025 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

Orion Expands Cottelli 'Accessoires,' 'Party' Lines

Orion Wholesale has introduced seven new pieces from its Cottelli Accessoires line and one from its Party collection.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

ProDx Health Launches Affiliate Program

ProDx Health has launched an affiliate program for creators and other members of the adult industry that promote its home-collection testing kits.

Lovense 'Ferri' Spotlighted on Wired.com

Lovense’s Ferri has been spotlighted on Wired.com.

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

Orion Debuts New Style From Cottelli Lingerie

Orion Wholesale has added a new style from its Cottelli Lingerie line.

JO Debuts Stroker-Optimized Lube

JO has introduced its new Stroker Lube, engineered for use with strokers and sleeves.

Lightning Star World Debuts Aubrey Kate Stroker, Dildo

Pleasure brand Lightning Star World has introduced its new Aubrey Kate Collection.

B-Vibe '360 Plug' Spotlighted on Wired.com

B-Vibe’s 360 Plug has been spotlighted on Wired.com.

Show More