Court: Alabama Can Continue Sex Toy Sales Ban

BIRMINGHAM, Ala. — In a blow to sex toy and novelty retailers, Alabama’s sex toy ban survived another court challenge in federal court.

A U.S. District Court in Birmingham ruled that Alabama has a right to limit sales of vibrators, sex dolls and butt plugs, as well as any other device used for sexual arousal.

Alabama’s sex toy statute criminalizes the commercial distribution of “any device designed or marketed as useful primarily for the stimulation of human genital organs.” Violations are punishable with fines of up to $10,000 and as much as a year in prison.

Sheri Williams, who owns Pleasures stores in Huntsville and Decatur, filed the lawsuit with seven other women and two men against the state Attorney General

Williams and the other plaintiffs argued the law was unconstitutional under Lawrence vs. Texas, 539 U.S. 558 (2003), in which the U.S. Supreme Court found no rational basis in public morality for banning sodomy.

But U.S. District Judge C. Smith’s latest ruling finds that the sex toy ban "does not fit squarely within the mold of Lawrence" and therefore survives review.

"[T]he Alabama statute does not offend the human dignity of a stigmatized class of individuals, nor implicate equal protection concerns about targeting a 'discrete and insular minority' for discrimination or harm out of simple hostility," Smith said in the ruling.

The case has wended its way throughout the legal labyrinth for seven years, starting with Smith’s 1999 holding that the law “was not rationally related to any legitimate state interest."

In a following legal test Smith reversed his decision, then invalidated it.

Then the 11th U.S. Circuit Court of Appeals limited Smith’s review to a more narrow issue — whether public morality is still a sufficiently rational basis to prohibit what the state's lawyers have called "commerce in the pursuit of orgasms by artificial means for their own sake."

This time around, Smith showed sarcasm after being rebuked by the 11th Circuit for not following its earlier instructions. "This lowly court," he said in a footnote, "can only hope that it has not again so woefully misconstrued the 11th Circuit’s directives."

The case is Williams vs. King, No. CV-98-S-1938.

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

Holiday Now Shipping Rock Candy's 'Sweet Stash' Collection

Holiday Products is now shipping Rock Candy's Sweet Stash rechargeable mini vibe collection.

Orion Introduces New Dual Stimulator From 'Javida'

Orion Wholesale has debuted the new 2-Function Vibrator With Moving Clitoris Tickler from its Javida line.

Eye of Love's Jacqui Rubinoff Brings Pheromone Education to SoCal's 'Sex on the Beach'

Eye of Love Vice President Jacqui Rubinoff spoke earlier this month at the third annual Sex on the Beach event in Venice, California.

Mr. Hankey's Toys Debuts 4 New Dildos

Mr. Hankey's Toys has released its new Cyberpunk dildo, and is now also offering ErotixxxToys' Big Head, End Zone and Sea Monster dildos from its Bold collection.

Cherie DeVille Lambasts Laila Mickelwait's Anti-Pornhub Book in New Op-Ed

2023 XBIZ Performer of the Year Cherie DeVille has penned a new opinion piece for The Daily Beast, about a new book by religiously motivated anti-Pornhub crusader Laila Mickelwait.

Coquette Debuts 2024 'Darque' Collection

Coquette Lingerie has debuted its 2024 Darque collection, featuring 20 new styles with a mix of “classic wet look” and fresh materials.

Orion Debuts 3 New Men's Outfits From Black Level

Orion Wholesale has introduced three new outfits from its men's apparel line Black Level.

Federal Prosecutors Seek 20-Year Sentences for Remaining Backpage Defendants

Federal prosecutors asked on Monday that the three remaining defendants in the protracted Backpage.com case in Arizona be sentenced to 20 years in prison each.

Doc Johnson Unveils 'Main Squeeze,' 'Signature' Strokers Modeled From 16 Top Performers

Doc Johnson has released 32 new Main Squeeze and Signature Strokers, molded from 16 noted adult performers.

SexToyDistributing.com Shipping New Additions to 'Bang!' Line

SexToyDistributing.com is now shipping six new additions to the Bang! line.

Show More