11th Circuit to Rehear Challenge to Ga. City's Sex Toy Ban

11th Circuit to Rehear Challenge to Ga. City's Sex Toy Ban

ATLANTA — The 11th U.S. Circuit Court of Appeals plans to hold an en banc rehearing on a challenge to the city of Sandy Springs’ sex toy ordinance that it previously upheld.

The city, a suburb of Atlanta, enacted the ordinance in May 2004, prohibiting the open display of vibrators and sex toys by retailers. The law also requires a doctor’s prescription to purchase them.

The 11th Circuit — holding jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia — did not explain its rationale for the en banc rehearing.

The legal challenge was made 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 said 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 sex toy 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 wrote. “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 IVthe 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.

View 11th Circuit order

Related:  

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

Paradise Debuts 'Illumination' Line

Paradise Pleasure Products has introduced its new Illumination collection of pleasure products.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released four new styles from its Svenjoyment undergarment line.

Viben Acquires Get Lucky, Mini Halo Brands

Viben has acquired the Get Lucky and Mini Halo pleasure product brands.

Paul Reutershan Joins National Sales Team

Paul Reutershan has joined the sales team at National Distribution.

Starship Introduces New Wellness, Pleasure Product Lines

Starship has debuted its new On My Mind lubricant line and Devil Got Bound bondage collection.

Eldorado, Paradise Ink US Distro Deal for 'Art of Illumination' Collection

Eldorado Trading has inked an exclusive U.S. distribution deal with Paradise Pleasure Products for the new Art of Illumination collection of pleasure products.

Sliquid Expands Massage Oil Collection

Wellness brand Sliquid has introduced two new scented oils to its Massage collection.

Nexus Debuts 'Ascend' Rotating, Thrusting Massager

Nexus has introduced its new Ascend thrusting and rotating massager.

Lovense Debuts 1st 'AI Companion' Love Doll

Lovense has introduced its first AI Companion Doll at the 2026 Consumer Electronics Show (CES) in Las Vegas.

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Show More