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 © 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

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Beisar Introduces 'E-Stim Anal' Collection

Beisar has debuted its new E-Stim collection of anal pleasure products.

Hankey's Toys Debuts UnicornHorn48 Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of creator UnicornHorn48.

Rouge Opens US-Based Warehouse

U.K. pleasure brand Rouge has revealed that it will expand into the United States with a new U.S.-based warehouse.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

Sex Expo to Make Long-Awaited L.A. Return in January 2027

Sex Expo, the nation’s pioneering sexual wellness event, will make its long-awaited return Jan. 7-10, 2027.

Male Power Debuts 'WOW' Collection

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

CalExotics Debuts New Vibrator Collection From 'California Dreaming' Line

CalExotics has introduced its Summer Lovin’ vibrator collection from its California Dreaming line.

Male Power Debuts 'Mesh 2.0' Collection

Male Power has introduced its new Mesh 2.0 collection of men's underwear.

Full Circle Debuts 'Big Juicy Booty' Collection From 'Savage Me' Line

Full Circle has introduced its Big Juicy Booty torso collection from its Savage Me line.

Show More