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

Male Power Debuts 'Peacocking' Collection

Male Power has introduced its new Peacocking collection of men's underwear.

A Look at the Trends Shaping Male Pleasure and Wellness

The male pleasure category was once defined by familiar products: non-powered sleeves and strokers, manual penis pumps, rings and a relatively small selection of prostate toys. Today, manufacturers draw inspiration from consumer electronics, sexual wellness, gaming, streaming content and app-driven interaction, while still relying on one of the category's oldest staples: the basic stroker.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Orion Debuts 3 New Styles From Cottelli Lingerie

Orion Wholesale has introduced three new styles from its Cottelli Lingerie line.

CalExotics Expands 'Pleasure Kits' Collection With 3 New Additions

CalExotics has introduced three additions to its Pleasure Kits line, each combining a range of pleasure products and accessories centered on varying levels of intensity.

Beisar Introduces New Anal Lubricant

Beisar has introduced its new anal lubricant, expanding its product line beyond pleasure products.

Adam & Eve, Lovehoney Group Partner for Custom Products

Adam & Eve and Lovehoney Group have partnered to introduce two custom editions of We-Vibe vibrators and an advent calendar sex kit.

Lovely Planet, Dorcel Expand Partnership

Lovely Planet, longtime manufacturer and distributor of the Dorcel Toys line, has expanded its partnership with the company to encompass Dorcel’s full range of pleasure products.

Arcwave Debuts 'Air' Male Stroker

Arcwave has introduced Air, the newest stroker from its Pleasure Air collection.

Sportsheets Introduces 11-Piece 'Amethyst' Collection From 'Sex & Mischief' Line

Sportsheets is accepting pre-orders for its new Amethyst collection of pleasure accessories from its Sex & Mischief line.

Show More