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

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Blush Expands 'EnLust' Stroker Collection

Blush has introduced three new stroker sleeves from its EnLust line.

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Holiday Now Shipping 'Moonbloom' Collection From Intimate Earth

Holiday Products is now shipping the Moonbloom line of personal lubricants from Intimate Earth.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

CC Wellness Names Brendi Acevedo National Training Manager

CC Wellness has promoted Brendi Acevedo to the position of national training manager.

PHE Forms Commercial Partnership With Kindra

Adam & Eve parent company PHE, Inc. has formed a strategic partnership with Kindra that includes distribution and a minority equity stake in the wellness brand.

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Our Erotic Journey Expands 'Sublime,' 'Curious' Lines

Our Erotic Journey has introduced three new additions to its Sublime and Curious collections.

Show More