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

Nexus Introduces Automatic Anal Douche

Nexus has debuted its new Automatic Rotating 360° anal douche.

Orion Debuts 'Three in a Row' Dildo Set From 'You2Toys' Line

Orion Wholesale has introduced the new three-piece dildo set Three in a Row from its You2Toys line.

XBIZ Expo 2026 Pleasure Product Trade Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ Expo pleasure product trade show, set to take place Jan. 8–12 at the Loews Hollywood Hotel.

Magic Silk Debuts 'Black Cherry' Collection

Magic Silk has introduced its new Black Cherry line of apparel.

Nexus Debuts 'Alpha Surge' Masturbator

Nexus has introduced Alpha Surge, its first stroker device.

Womanizer Drops 2 New Editions of 'Next' Stimulator

Womanizer has debuted two new versions of its Next clitoral stimulator, comprising the Bordeaux and Dusky Pink editions.

Lovense, Hustler Hollywood Partner for Demo Events

Lovense and Hustler Hollywood have partnered for a series of 16 in-store product demonstration events, starting Jan. 13.

Holiday Now Shipping 'Love to Love' Collection From Lovely Planet

Holiday Products is now shipping the Love to Love product line from Lovely Planet.

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Nalpac Releases 2026 Valentine's Day Catalog

Nalpac has released its 70-page 2026 Valentine’s Day catalog, featuring hundreds of products.

Show More