11th Circuit to Rehear Challenge to Ga. City's Sex Toy Ban

11th Circuit to Rehear Challenge to Ga. City's Sex Toy Ban

ATLANTA — The 11th U.S. Circuit Court of Appeals plans to hold an en banc rehearing on a challenge to the city of Sandy Springs’ sex toy ordinance that it previously upheld.

The city, a suburb of Atlanta, enacted the ordinance in May 2004, prohibiting the open display of vibrators and sex toys by retailers. The law also requires a doctor’s prescription to purchase them.

The 11th Circuit — holding jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia — did not explain its rationale for the en banc rehearing.

The legal challenge was made 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 said 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 sex toy 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 wrote. “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 IVthe 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.

View 11th Circuit order

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

Honey's Place, Paradise Sign 'Illumination' Distro Deal

Honey's Place has signed a deal with pleasure brand Paradise to distribute its Illumination line of light-up, app-controlled vibrators.

Lawsuit Alleging Meta Pirated VMG Content Will Move Forward

A U.S. district court on Thursday rejected Facebook parent company Meta’s motion to dismiss a suit by Vixen Media Group owner Strike 3 Holdings, which accuses Meta of pirating VMG content to train its artificial intelligence models.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Orion Expands 'Your Strap-On' Collection From You2Toys Line

Orion Wholesale has added two new sets to the Your Strap-On collection from its You2Toys line.

Honey Play Box Introduces 'Kai Pro' Stroker

Honey Play Box has debuted its new Kai Pro stroker.

Male Power Featured on 'Saturday Night Live'

Male Power was featured in the season finale of “Saturday Night Live.”

COTR Acquires 'Le Wand,' 'b-Vibe' and 'The Cowgirl' Trademarks

COTR, Inc. has acquired trademark ownership of its flagship brands, Le Wand, b-Vibe, and The Cowgirl.

Kheper Releases Flavored 'All Dicks,' 'All Chicks' Lollipops

Kheper Games has debuted its new All Dicks Penis Suckers and All Chicks Pussy Suckers.

Magic Silk Expands 'Love' Line

Magic Silk has introduced six new styles from its Love line of lingerie.

XBIZ Virtual Pleasure Products Trade Show Set for July 28-30

To facilitate global business between brands and buyers without the need for travel, XBIZ is pleased to reintroduce a virtual edition of its pleasure products events, set for July 28-30.

Show More