Sex Toy Ordinance Case to Be Reheard in April

Sex Toy Ordinance Case to Be Reheard in April

MONTGOMERY, Ala. — The rehearing of an appellate case involving the city of Sandy Springs, Ga., which up until two weeks ago banned sex toys and novelties, will go on as planned next month.

Earlier this month, Sandy Springs’ city council moved to repeal language in an ordinance — subsection (c) of Section 38-120 in Article IV of Chapter 38 — which labeled sex toys and novelties as "obscene." Council voted unanimously to rescind the law.

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

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 said she used sexual toys medically with her husband to facilitate intimacy, and Marshall Henry, an artist who used the devices in his artwork.

The appellants argued the ban violated the due process clause of the 14th Amendment, contending that they have a fundamental right to engage in acts of private, consensual sexual intimacy and that the ordinance burdens this right.

Appellants are seeking injunctive relief in the case to make such bans illegal.

Sandy Springs reportedly wasn't the only state of Georgia government with such ordinances on the books. The cities of Alto, Milton, Johns Creek and Kennesaw, as well as Coweta and Cobb counties, have similar ordinances that classify sex toys and novelties as “obscene.”

Oral arguments are slated for Wednesday, April 26, before all judges of the 11th U.S. Circuit of Appeals in Montgomery, Ala.

Attorney J. Michael Murray will present arguments for the appellants who were affected by the sex toys and novelties ban in Sandy Springs, which is a suburb of Atlanta.

Murray is best known within the adult entertainment industry for his legal work representing the Free Speech Coalition, along with co-counsel Lorraine Baumgartner, in the trade group’s fight over federal recordkeeping regulations for adult producers.   

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

Anastasia's Bedroom Introduces 'Lightly Loved Lingerie' Collection

Anastasia’s Bedroom, a Canadian-based online retailer, has debuted its Lightly Loved Lingerie collection.

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

LELO Debuts 'Surfer 2' Anal Plug

LELO has introduced its new Surfer 2 anal plug.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

Our Erotic Journey Expands 'Cristal Collection' of Vibrators

Our Erotic Journey has introduced five new vibrators from its Cristal Collection.

Nice & Naughty Names Chris Fleiger Director of Operations

Michigan-based retail chain Nice & Naughty has appointed Chris Fleiger as its new director of operations.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

XBIZ Retreat to Make Its Cabo Comeback Aug. 17-21

XBIZ Retreat will return to Cabo San Lucas Aug. 17–21, bringing together top LATAM retail buyers and pleasure product brands for a week of dealmaking and networking.

Orion Debuts 'Oral Fun' Vibrator Collection

Orion Wholesale has introduced its Oral Fun vibrator line.

Show More