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

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

JO Launches Retail Education Program

Pleasure brand JO has rolled out a new in-store education program for retailers.

Blush Debuts Fine Jewelry-Inspired 'Queen's Reign' Collection

Blush has introduced its new Queen's Reign line of five pleasure products, inspired by fine-jewelry designs.

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

XR Brands Debuts 3 New Fantasy-Themed Collections

XR Brands has introduced three new fantasy-themed lines inspired by hentai, kawaii, and K-Pop.

Orion Debuts New Cock Ring From 'Rebel' Line

Orion Wholesale has released a cock ring with a vibrating stimulator from its Rebel collection of men's pleasure products.

Melanie Rose to Exhibit $2M 'Pearl Royale' Vibrator at Sex Expo

Melanie Rose, host of the Netflix series “How to Build a Sex Room,” will showcase the $2 million Pearl Royale vibrator at Sex Expo, taking place Jan. 8-9 at JW Marriott L.A. LIVE.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Full Circle Brands Releases 'My Baby' Bullets in Metallic Shades

Full Circle Brands has expanded its My Baby bullet vibrator collection with two metallic editions in Rainbow and Sky Blue.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

Show More