11th Circuit's Abuzz With Sex Toy Litigation

[kweerwolf]

History fails to attribute to patriot Patrick Henry the statement "Give me sex toys or give me death," so therefore it's not surprising that the legal battle continues over whether the right to obtain and use appliances intended for sexual gratification is included within the liberty protected under the U.S. Constitution.

A number of states still have laws that make it a crime to sell or distribute sex toys, and over the past several years there has been a notable amount of litigation throughout many southern states concerning whether these laws remain constitutional in the aftermath of the U.S. Supreme Court's ruling in Lawrence v. Texas, which holds that states cannot outlaw homosexual sodomy between consenting adults.

The 11th U.S. Circuit Court of Appeals -- the federal appellate court that hears appeals from Alabama, Florida and Georgia -- has in recent years become a veritable hub for sex toy–related litigation. In July 2004, the 11th Circuit examined whether an Alabama law prohibiting the sale of sex toys violated a purported constitutional right to sexual privacy. By a vote of 2–1, the court rejected the challenge to the Alabama law.

The conclusion of the majority opinion in Williams v. Attorney General of Alabama explains: "we hold that the district court committed reversible error in concluding that the Due Process Clause 'encompass a right to use sexual devices like ... vibrators, dildos, anal beads, and artificial vaginas.'" Yet instead of terminating the case, the 11th Circuit remanded the lawsuit so that an Alabama–based federal district court could consider whether public morality continued to provide a rational basis for the law in the aftermath of Lawrence v. Texas. Late last month, in a 56–page ruling, the U.S. District Court for the Northern District of Alabama entered final judgment in favor of Alabama, rejecting all challenges to the law. The time for appeal from that ruling has not yet expired, so it is possible that this case could make yet another trip to the 11th Circuit.

http://www.law.com/jsp/article.jsp?id=1142601438176

[mongo]

1. I hope the Ala. prohibition is appealed.

I haven't read the ruling, but I just don't see these laws holding up much longer.

[Imperialism Inc.]

2. "...so therefore it's not surprising..."

I have to disagree. I find it very surprising that anyone would actually give a crap whether or not someone else buys a sex toy.

Don't like sex toys? Don't buy them. Problem solved.

[cboy4]

4. Don't like what's on TV, don't watch

Don't like gays getting married, don't pay attention

Don't like Brokeback Mountain being shown in the theater, don't buy a ticket

Don't like gay people having Pride Parades, don't go

See how easy that is? Duh. :think:

[gator_in_Ontario]

3. Great post!

It reminded me of an HBO Real Sex episode...
There is a dildo factory in Georgia, Alabama, Arkansas...somewhere below the bible belt. There were grandma types in hair nets making sure the dildoes were OK. All those folks will be flung out of work if this passes! I don't imagine they will be thrilled about that.
Just think about the lobbyist possibilities!

[mongo]

5. Adam & Eve

Carboro, NC. is the place you are thinking of, I believe.

Phillip Harvey who owns A&E is a great man, philanthropist, etc. The city has given him awards, and he is also very involved in (free) condom distribution in Africa.

These rulings won't really affect them. The only thing that is illegal is selling a sex toy as a sex toy -- retail. I don't think their manufacturing and distribution will be affected.

Thing is, Adult stores exist regardless of the laws. If someone walks up to the register with a toy, it is legal to sell it to them, unless you happen to comment "that is a great toy for clitoral stimulation" -- then it becomes illegal. In states where toy sales are illegal (thankfully, not Ohio), you'll always find a sign similar to "ALL ITEMS SOLD FOR NOVELTY PURPOSES ONLY".

Here in Ohio, only the movies I sell are potentially illegal. I can demo and explain toys all I want.
Which is good because I get to help a lot of people out. You'd be suprised at the number of middle aged couples coming in for erection enhancement -- who would most likely never say anything to their Dr., and can't aford $10/pill for viagra.