11th Circuit Upholds Ga. City's Sex Toy Ban — for Now

11th Circuit Upholds Ga. City's Sex Toy Ban — for Now

ATLANTA — The 11th U.S. Circuit Court of Appeals this week sided with the city of Sandy Springs, Ga., in its battle against retailers that sell sex toys, upholding the municipality’s ban on the sale of sexually explicit merchandise.

But the 11th Circuit panel that reviewed the case also suggested that the whole court, en banc, should review the decision.

The 11th Circuit’s ruling upheld, for now, a lower court's dismissal of two complaints that challenge the constitutionality of the Sandy Springs’ ordinance prohibiting the sale, rental or lease of obscene material.

The legal challenge was brought by the adult stores Flanigan’s and Inserection, which sought to sell the banned sex toys and novelties, along with Melissa Davenport, who suffers from multiple sclerosis and says she uses sexual toys with her husband to facilitate intimacy, and Marshall Henry, an artist who uses the devices in his artwork.

Davenport and Henry contend they have a fundamental right to engage in acts of private, consensual sexual intimacy and said the Sandy Springs ban places a burden on that right.

The appellants argued the ban violated the due process clause of the 14th Amendment of the Constitution.  

“The appellants contend that they have a fundamental right to engage in acts of private, consensual sexual intimacy, and that the ordinance burdens this right,” the panel said. “The city responds that this claim is foreclosed by our prior holding in Williams IV.”

The appeals court ruled that its prior holding in Williams v. Attorney General (Williams IV) took precedence.

In Williams IV, the appellate court upheld an Alabama law against the sale of sex toys, saying the Constitution does not protect the right to buy, sell and use sex toys and other explicit novelty items.

"Therefore, unless and until our holding in Williams IV is overruled en banc, or by the Supreme Court, we are bound to follow it. Although we are sympathetic to the appellants' 14th Amendment Due Process claim, we are constrained by our prior precedent in Williams IV, and we are obligated to follow it," the court said.

The 11th Circuit has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia.

View ruling

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

2026 XMAs: Watch the Global Live Broadcast

The 2026 XMAs, presented by Fansly, will stream live to a global audience via the official event website, welcoming fans worldwide to join a celebration of excellence in adult entertainment.

Magic Silk Expands 'Exposed' Line With 'Blue Sky' Collection

Magic Silk has expanded its Exposed line of lingerie with the Blue Sky collection.

Male Power Debuts 'Fishnet 2.0' Collection

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

OTouch Announces '2nd Generation' Masturbators

OTouch has announced the launch of its second-generation strokers.

Orion Unveils New 'Kink Royal' Collection From 'Noir Handmade' Line

Orion Wholesale has introduced the Kink Royal collection from its Noir Handmade line.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Williams Trading Releases 2026 'Valentine's Day Essentials' Catalog

Williams Trading Co. has released its new 2026 Valentine’s Day Essentials catalog.

Le Wand 'Lick' Vibrator Featured in Wired Review

Le Wand's Lick three-in-one vibrator is featured in a new review on Wired.com.

We-Vibe Debuts 2 New Vibrating Cock Rings

We-Vibe has introduced its new Pivot 2 and Verge 2 vibrating cock rings.

Lovense Debuts 'Lush Anal' Vibrator

Lovense has introduced its new app-controlled Lush Anal vibrator.

Show More