Ala. Supreme Court Nixes Challenge to Sex Toy Ban

MONTGOMERY, Ala. — Alabama Supreme Court justices, 7-2, ruled on Friday that Hoover, Ala.-based Love Stuff can’t sell vibrators and other sexual devices.

The decision upholds the state’s anti-obscenity law, with justices stating that “public morality can still serve as a legitimate rational basis for regulating commercial activity, which is not a private activity.”

Love Stuff, in its appeal to the Supreme Court, had claimed the state law banning the sale of sexual aides was unconstitutional and that it its unconstitutionally vague.

The justices, in their ruling on Friday, quoted the 11th U.S. Circuit Court of Appeals in a similar 2004 case, Williams vs. Attorney General of Alabama. In that case, plaintiffs seeking to sell sex toys and novelties were seeking to enjoin enforcement of the state’s anti-obscenity statute.

"As the 11th Circuit in Williams pithily and somewhat coarsely stated: 'There is nothing 'private' or 'consensual' about the advertising and sale of a dildo," the justices said.

XBIZ was unable to reach Huntsville lawyer Amy Herring for comment by press time, but she told the Associated Press that the store is reviewing its options for appeal.

Copyright © 2024 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

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

Nexus Debuts Dilating Set

Nexus has released its new silicone Dilating Set.

Nalpac Releases 2024 Summer Catalog

Nalpac has released its 60-page 2024 summer catalog, featuring hundreds of products.

Xgen Debuts 2nd Volume of New Releases Catalog

Xgen Products has released the second volume of its 2024 New Releases catalog.

Orion Debuts Red Cotelli Set

Orion Wholesale is now distributing a red-colored set from its Cottelli line.

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Show More