11th Circuit Upholds Alabama Ban On Sale Of Sex Toys

http://www.firstamendmentcenter.org/news.aspx?id=18156

02.16.07

MONTGOMERY, Ala. — A federal appeals court issued a Valentine's Day ruling upholding an Alabama law banning the sale of sex toys. But the devices won't disappear from store shelves immediately.


The 11th U.S. Circuit Court of Appeals ruled that Alabama's sex toy ban is constitutional because "the state's interest in preserving and promoting public morality provides a rational basis for the challenged statute." . . .

In 1998, the Alabama Legislature enacted a law that bans the sale of sex toys, but not their possession. Alabama residents may lawfully purchase sex toys out of state for use in Alabama, or use them if the devices have other recognized medical or therapeutic uses. The Alabama law doesn't regulate other items, such as condoms or virility drugs.

Williams, who owns Pleasures adult toy shops in Huntsville and Decatur, challenged the law in 1998 along with seven other women and two men, who represented consumers of the products. They were represented by the American Civil Liberties Union.


The plaintiffs alleged in their 1998 lawsuit that "by restricting the sales of these devices to plaintiffs, Alabama has acted in violation of the fundamental rights of privacy and personal autonomy that protect an individual's lawful sexual practices guaranteed by the First, Fourth, Ninth and Fourteenth Amendments of the United States Constitution." . . .



Okay at the risk of sounding cranky, I dont understand. Why is the state Alabama even wasting the money to run this throught he courts? I mean we arent banning the sex toys, just that you cant sell them in AL. So we really arent stopping the act you consider immoral, you are just ruining a segment of your economy and putting buisness holders out of work. So not only does it look like a privacy infringement, as well as outright persecution of JUST ALABAMA RETAILERS, outright banning of the advertisement is contrary to 1st Ammendments spirit. Stop wasting your taxpayers money on half hearted morality witch hunts with no teeth, don't even work, and just hurts your states economy, and do something useful with the money.

TomC