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

Orion Debuts 'RC Strapless Strap-On' Vibe From 'Javida' Line

Orion Wholesale has introduced the new RC Strapless Strap-On With Flicking Tongue vibrator from its Javida line.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

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

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Metro Distributors Taps Nancy Cosimini for Sales Account Manager

Metro Distributors has hired industry veteran Nancy Cosimini as its newest sales account manager.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

OTouch Debuts 'YU-BattleHelm' Vibe Set

OTouch has introduced its YU-BattleHelm couples vibrator set.

Show More