MONTGOMERY, AL — Thanks to the 11th U.S. Circuit Court of Appeals in Alabama, citizens of that fine state received a Valentine’s Day assurance that they will remain safe from the ever present threat afforded by sex toys and devices “primarily for the stimulation of human genital organs.”According to the court’s decision, justified by “the state’s interest in preserving and promoting public morality” no unauthorized orgasms need darken the doorway of any Alabama bedroom.
What a relief that must be for the state’s citizenry.
Unfortunately, the menace that is sex toys will not be immediately removed from store shelves in spite of the federal court’s decree, due to an agreement not to enforce the law until its case has run its course. This means that shop owner and plaintiff Sherri Williams, whose Decatur store traffics in the unwholesome devices, can ask for a full court review of her case, which was only heard by a three-judge panel. If rejected, she has the option of appealing to the U.S. Supreme Court.
In 1998, the Alabama Legislature, apparently unburdened by crime, poverty, education, or business concerns, banned the sale — but not the possession — of sex toys. That decision has been upheld in the past by the 11th Circuit, which concluded that there is no fundamental right to their use. Although the 2003 Supreme Court decision Lawrence v. Texas, indicated that using morality as the basis for criminal statutes against private, consensual sexual behavior was legally unacceptable, the court has reaffirmed its intention to do precisely that.
Although Justice Scalia insisted that the Lawrence v. Texas case had effectively removed all morals legislation, Circuit Judge Wilson insisted in his opinion of the Alabama case that morality has often been used by the Supreme Court to sustain statutes. Wilson also pointed out that the use of the lascivious devices has not been made illegal, merely their commercial sale and distribution. Currently, only those with a prescription from their doctor may purchase certain devices which have been deemed to have therapeutic or medical properties.
Williams, who owns Pleasures and More Pleasures adult toy shops and is one of seven other women and two men represented by the American Civil Liberties Union, said that she was especially disappointed that the ruling was handed down “on the very day this nation celebrates romance.”
Alabama solicitor general, Kevin Newson, however, sees the ruling differently, and applauds the use of morality as a basis for the ban. “In rejecting that view, which necessarily would have invalidated traditional prohibitions on, for instance, incest, polygamy, and prostitution, the 11th Circuit recognized and reiterated that ‘the law is constantly based on notions of morality.'”
Williams, whose stores reportedly sell more than 100 sex toys per day, thinks that orgasm fearing individuals such as Newson are pushing Alabamans into political activism. “I almost feel as if this is a call to arms for those people who are disgusted and frustrated by the government’s continual violations of their right to privacy,” she told reporters, adding that she believes lawmakers “want to step directly into Alabama’s bedrooms and dictate what is morally acceptable.”
“I almost feel as if this is a call to arms for those people who are disgusted and frustrated by the government’s continual violations of their right to privacy,” Williams said Thursday. State lawmakers “want to step directly into Alabama’s bedrooms and dictate what is morally acceptable.”
Attorney Mike Fees says there is a “high probability” that he will ask the U.S. Supreme Court to hear the case, although the justices declined to do so in February 2005. “We believe this case tests the extent to which the Constitution tolerates government intrusion into our bedrooms,” Fees explained. “That’s about as serious as it gets.”
If the Supreme Court declines the case again, Fees anticipates that the state will immediately begin enforcing the law and out-of-state retailers may refuse to ship to Alabama out of fear of prosecution.
Those interested in posting their views on the case are encouraged to visit MyPleasureStore.com.
