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

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Eye of Love to Debut 'Kiss Chemistry' Collection From 'Matchmaker' Line at Altitude Intimates

Eye of Love will introduce the Kiss Chemistry lip gloss collection from its Matchmaker line at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

XBIZ, EroSpain Partner for 'Ibiza Experience'

XBIZ and EroSpain have teamed to co-host the Ibiza Experience, an exclusive, invitation-only gathering of the global pleasure industry’s premier brands and buyers, set for Sept. 22-25 at the five-star Ibiza Gran Hotel.

Dr. Tush to Debut 'Redefined Anal Plug Collection' at Altitude Intimates

Dr. Tush will introduce its new Redefined Anal Plug Collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Hankey's Toys Debuts Lance Woods Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Lance Woods.

Nasstoys to Debut 'Sky' Vibe Collection at Altitude Intimates

Nasstoys will introduce its Sky vibrator collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

Kheper Releases New Edition of 'Making Bad Situations Worse' Party Game

Kheper Games has released its Making Bad Situations Worse — The Outrageous Version party game.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Show More