The sale of sex toys and novelties is illegal Alabama, Georgia, Mississippi, and Texas is illegal, but a persistent store owner in Alabama is not deterred by the Supreme Court’s refusal to hear the case in 2005, leaving it a crime to sell a vibe in Alabama.
The case is on appeal. (365gay):
“A person should have the right to make their own decision to explore their sexual boundaries outside what some government official says is moral,” Sherri Williams said outside the Supreme Court before filing the appeal.The best part of this ridiculous law are the allowed exceptions — sales of sexual devices ‘for a bona fide medical, scientific, educational, legislative, judicial or law enforcement purpose.’Williams has waged a mostly losing battle against the law since the state legislature passed it in 1998.
The Atlanta-based 11th U.S. Circuit Court of Appeals dealt her the latest setback on Valentine’s Day, upholding the ban as constitutional and saying “the state’s interest in preserving and promoting public morality provides a rational basis for the challenged statute.”
The last time we were visiting my wife’s folks in Alabama, we saw a building alongside the highway that was clearly a XXX shop/sex toy vendor. It was very visible from the road. The state has chosen not to enforce the law while the case is on appeal. If the law is upheld, it will be a big boost for online businesses, that’s for sure.
50 Responses to “Alabama sex toy case heads to court again”
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Umm - I REALLY don’t wanna know what they mean by a “bona fide law enforcement purpose” but I’m sure as heck steering clear of Alabama cops.
Sad that even though the sodomy laws are overturned, we still have this intrusive (no pun intended) thing on the books.
But even if sales go online, won’t it still be a crime to ship it to these states (like what happened to Tommy Chong)?
labyrus -
That was what struck me … I mean, what precisely can one do with a vibrator or butt-plug that enforces the law? I mean … seriously …
Though my police woman in uniform fantasies just shot up in number now …
Are you sure it’s illegal to sell sex toys in Georgia? There are shops all over Metro Atlanta where you can get them. Of course, individual area municipalities (John’s Creek, for instance) try to threaten these vendors with ordinances.
…the state’s interest in preserving and promoting public morality provides a rational basis for the challenged statute.
Since when is controlling people’s sex lives the role of government? Outside Islamist countries, I mean?
labyrus: In my world, handcuffs qualify as a sex toy/novelty. I suspect that’s more what they’re thinking of.
Even in Alabama the adult stores still sell sex toys. Most companies will also ship the products to you while others won’t.
It’s illegal in Utah from what one company who sells adult novelties. Three states it was illegal to ship them to and Utah, Texas, Alabama were the three.
It’s pretty funny that sex toys are illegal when you used to be able to buy them at chains like Walmart or just go to a doctor’s office.
Hurrycane, it’s illegal to sell sex toys as sex toys here in Texas. No one sells dildos, gracious no. They’re novelty items, they’re educational props (because sex ed ain’t sex ed unless the how-to-use-a-condom demonstration involves Jeff Stryker’s Legendary Manhood™ or a reasonable facsimile thereof), they’re cake decorations like some reductionist wedding cake topper, but they’re not sex toys.
Yes, I’m in violation of the law as written. Do I intend to sell any of the toys we have? Not even a little bit — but possession of six or more sex toys is considered prima facie evidence of intent to distribute.
It’s really fucked up.
Perhaps the undercover cops need vibrators for “sting” operations.
“Though my police woman in uniform fantasies just shot up in number now … ”
Heh. Actually, I suspect that the law enforcement provision is there so that defense lawyers don’t accuse the police of violating the law by purchasing a dildo to show police what an illegal dildo looks like.
Besides, Sarah, in all my PoliceWoman/me fantasies, the insertion toy is the classic Monadnock MP-24 Side Handle Baton.
paraphrased somewhat to remove Orientalism.
I’m not sure of the exact year but sometime in the 1820s or so was when the first law banning abortion was passed in Britain. It was into the 1850s that it really caught on, though. I’m trying to remember exactly when the government started defining pre-quickening abortions as illegal but I’m drawing a blank. Laws against rape existed way before that, though (although, as I’m sure everyone here is well aware, they were usually considered crimes against the male head of the woman’s household), which could be construed as laws controlling people’s sex lives.
This is clearly an example of homophobia being sanctioned as legitimate law enforcement!
Many lesbians who enjoy the sexual contact with other women by want simulated penile penetration are prevented from obtaining the requisite “strap-ons”. What a travesty!
the allowed exceptions — sales of sexual devices ‘for a bona fide medical […] purpose.’
So that means you can get a vibrator in order to cure your “hysteria”? That’s a tried and true “medical purpose”, eh? Conservatives should love going back into history, nu? And ain’t that why the vibrator was invented in the first place?
Check that — PR24 is Monadnock’s side-handle baton, while the MP24 is the straight nightstick.
(What? Don’t everyone’s fantasies have this level of detail?)
Thomas, you brought a smile to my day. Thank you.
paraphrased somewhat to remove Orientalism
Nice bit of censorship there, thanks. Actually, fuck you.
“Islamist” does not equal “Islamic.” Just like “Christianist” is not the same as “Christian.”
Sure. Maybe the fantasies themselves are different, but the devil is in the details.
You asked: “Since when is controlling people’s sex lives the role of government? Outside Islamist countries, I mean?”
A partial answer is: All over christendom, since the beginning of christianism. Control of people’s sex lives has been a basic function of western religion since In The Beginning. Whenever a faith has been in control of a state, that’s the first thing they do.
The implication of your question as phrased is that this sort of thing, the state’s interference with sexual privacy, is something that could only be expected among islamist countries. It’s an orientalist premise- you could have left off that second part entirely, and the question would have been merely rhetorical. You got rightly called out for it. Wah.
New here, huh?
“…what precisely can one do with a vibrator or butt-plug that enforces the law?”
I think it has to do with certain “
lawenforcement” techniques used at Abu Ghraib and Guantanamo…“…possession of six or more sex toys is considered prima facie evidence of intent to distribute.”
So, Moira, you’re a DEALER, right? Preying on human weakness and depravity!…
“I’m hurtin’ baby - can I just get a hit to make it through the night? Just 10 minutes! Please? What’s a little vibe between friends?…”
:)
So in Texas, instead of a dildo, it’s a dildon’t…
Wow, that’s really classy.
Linnaeus, it was a rhetorical question intended to elicit laughter.
* hand up for prima facie intent to distribute *
wink wink
If the king rules by divine right, then the morals of the citizenry are the ligitimate province of the king, and I think we all remember what Louis XIV said, yes?
State control of people’s sex lives is the last vestage of rule by divine right. The revolution of 1776 is not yet complete!
“State control of people’s sex lives is the last vestage of rule by divine right.”
In Reichwing America it’s rule BY The Divine Right.
If there’s anything the last few years of misrule have shown, the wingnut right thinks they are placed here on earth to straighten out the rest of us.
And what better way to do that than to remove the controlling hand of government from our wallet, and place it firmly on our crotch…
You mean, six of the same kind. Right? What? Six of any kind? But that hardly fills the top half of my toy box!
I’m surprised it took as long as it did for someone to come up with the dear old Public Relations Twenty Four. With respect to my own corner of the globe, I have heard the term “she-bear” used to refer to the women of the Border Police, and while that conjures up the prospect of fantasies of power exercised by a woman, those are not exactly fantasies of patriarchally-constructed femininity.
Yes, I’m in violation of the law as written. Do I intend to sell any of the toys we have? Not even a little bit — but possession of six or more sex toys is considered prima facie evidence of intent to distribute.
Yet another reason I could never move to Texas — I’m apparently already a criminal there.
Thomas,
I prefer the PR-24 crafted of aircraft-grade aluminum. You can control the temperature of it by immersing either the long extended end or short extended end in water. It’s a tad uncomfortable at first, but you need lubrication of course.
It’s not a sex toy, it’s a sex *weapon* protected by the sacred second amendment. When buttplugs are outlawed, only outlaws will have buttplugs.
I know what “Islamist” means, thanks.
I was pretty sure the question was intended to mean only the west, since there’d be hundred of different answers for different parts of the world. And yeah, setting up “Islamist countries” as the only part of the world other than the west is something that can be described as “Orientalist”.
Apologies if I misunderstood you. I was trying to paraphrase to clarify.
I do want to say that I obviously was not engaging in censorship, unless you don’t know what censorship means (durr durr your original comment is obviously still there). I was paraphrasing somewhat so the quote was asking a clearer question. If that wasn’t what you meant, then I obviously misinterpreted. But I frankly don’t understand why it really makes sense to ask “in the entire world except a few places in the middle east, Since when is controlling people’s sex lives the role of government?”
As a historical question, obviously there’s different answers in different places, so it doesn’t make much sense that way. Perhaps it makes sense as a rhetorical question? But since there are pretty clear answers to the question, I don’t think it makes sense. I suppose maybe what you’re implying an objective standard of what the role of the government is? But then why bother mentioning Islamist countries?
I can’t delete my own comment, but consider the paraphrase retracted. If you were asking something different than “in the west”, then I was misrepresenting what you said. That I apologize for. That is not the same thing as censorship. I really do not understand your original comment, but I’ll assume good faith and that I just misunderstood. Happy?
Consider my revised comment on your original post to be as follows:
That question makes no fucking sense as either a sincere question or as a rhetorical question. What the hell are you talking about?
I think there should just be a background check and waiting period involved to buy a dildo. If my husband has ever pulled a still vibrating one out of your butt in the ER before (yep, he has done that), then you should not be licensed to buy this dangerous instrument. I mean, what if you got mad at the world and ran around a university randomly pleasuring people?
Fucking unfair, if they are going to ban vibrators and dildos they better ban tubesocks too.
Now I want to write a scary violence towards men story involving what will happen if the horror movie taxidermist / curator of wax musem is a psychopathic /woman/ (and heterosexual). Oh ho ho ho! (Is reminded of that Puppets Who Kill Episode where Bill collects ‘butterflies’)
- MG
As a big fan of Benjamin Franklin, I can only think of what he might say in regard to such a ban. And it would quite simply be “Frell this!” Dildos and vibrators are just like beer and other alcohols, proof that the Gods love us and wants us to be happy! Why else would such wonderful inventions have been made. On the serious note, this is definitely government intrusion into private lives, and it is complete and utter BS.
If my husband has ever pulled a still vibrating one out of your butt in the ER before (yep, he has done that)
What? That sounds like a story….
…and:
Small governments actually meant governments with a small dick complex?
- MG
[…] The 11th U.S. Circuit Court of Appeals upheld Alabama’s ban on sex toys, saying that “the state’s interest in preserving and promoting public morality provides a rational basis for the challenged statute.” […]
No, no I have no intent to distribute. I like our dick collection. Some of ‘em are really pretty.
I am, however, more than happy to share. . .
The state of Georgia can have my dildos when they pry them out of my cold dead …
fingers.
(you thought I was going to say ass, didn’t you.)
Have you seen the clip of Molly Ivins going to check out a sex toy store in Austin, TX, because of this law? The ladies behind the counters are displaying all these dildos as “devices for sex education” — for example, visual aids for applying condoms.
It is truly hilarious.
http://www.youtube.com/watch?v=TYXUUsDGxkU
When having dildos is criminal, only criminals will have dildos!
“When having dildos is criminal, only criminals will have dildos!”
When having dildos is criminal, the politicians ARE dildos…
The most amazing thing is that these states actually make South Carolina look progressive.
Maybe I should open a fireworks and sex toy stand at the state line…
Am I getting this right?There are states in your country that will ban the sale of sex toys,while there are no states in your country that will ban the sale of firearms?!?(shakes head,covers face with hands)I don’t think anyone’s ever wanked themselves to death…
Back when I lived in Atlanta, I went to one of the many “adult novelty” stores with a friend, who had only recently moved to the state. Looking around at all the “water pipes” and other smoking devices, she whispered to me, “Don’t they ever get busted for selling this stuff?” I explained, yes, that particular chain got busted on a fairly regular basis, just not for the “tobacco” products, but for all the dildos, vibrators, etc. She was completely shocked, given what an easy target drug paraphernalia is for law enforcement. It’s sad when the only thing that will get some women off (and is a fun part of many a healthy relationship) is considered even lower on the totem pole than bongs. Women are lower even than drug users. That can’t possibly reflect the priorities of the average person, can it? Wait, don’t answer that question, I don’t want to know.
As far as actual availability of toys, haven’t seen much difference b/t living in GA and AL and places that don’t have these dumb laws anymore, with the exception that not all sex stores in sane states also carry a large selection of “tobacco” products. Go figure.
Oh, there’s plenty of states that forbid the sale of fireworks. GA bans the sale of both sex toys and fireworks, AL bans only sex toys, and has many large firework stores. There are sex toy stores in both, but they’re sold as “adult novelties,” whereas they don’t have to pretend that fireworks will be sold for anything other than their obvious stated purpose. I’ve got a comment in moderation on a similar “adult novelty” category that gets sold under the same wink-and-nod as long as you don’t mention the REAL purpose.
“I don’t think anyone’s ever wanked themselves to death…”
Nor walked into a public place and wanked a couple dozen innocent people to death.
Ha Ha Bonnie! * hand up for prima facie intent to distribute *
You beat me to it. I must have the intent of opening a drive-thru shoppe.
That was fun, I got to use two ridiculous words at once.
Crap, took me three readings to realize that Resident Alien was talking about fireARMS not fireWORKS. Guess I’ve blown my reading comprehension budget for the day with the Falwell thread.
Curses, I hate to waltz in late on a good sex toy thread, but legal disputes like this often highlight things that interest me within the industry. As my girlfriend has observed, I’m more than a hobbyist in this area, whether by Texas legal classification or otherwise.
For awhile, the “novelty” classification was a wink-and-nudge way to get around laws forbidding selling sexual material. This has led to a fairly deregulated industry: Since they weren’t actually selling devices for sex, but novelties, they could put whatever they wanted into the mixture. This has both industrial, cost-saving benefits– cheap materials since it’s for sinful sex toys– and proprietary ones: Some companies keep a lid on their formulas so no one can replicate their fake flesh.
It’s taken awhile, pretty much by word-of-mouth over the Internet–by my observation– for people to start noticing and lobbying. Other companies work in neutral materials like silicone, glass and acrylic. Adam & Eve, a big distributor, recently announced they’d not be selling toys containing pthalates, substances which got phased out of children’s toys a few years ago.
Then again, given laws like this, I’m not sure I want the government regulating the sex toy industry, even though lack of intervention has allowed cheap and dangerous stuff to flourish.
On another interesting side note, mentioning glass and water pipes: I know there’s been federal intervention to some glass manufacturers– Tommy Chong springs to mind. Then, over the last few years, I’ve noticed a lot more glass sex toys. I’ve often wondered if those artisans, fearful for getting busted over pipes, just turned their talents to similar phallic creations.
I wince at what could happen when the glass breaks.
I like the idea of silicon much better, it’s supposed to warm up, at least it’s what this seller’s site said:
http://jackhammerjesus.ytmnd.com/
“Jesus was a carpenter, now he’s a powertool”
I know the religious figures are actually on the handle side “The Jackhammer Jesus has just one safety rule: feet first, feet first, not the head, ya fool.”, but before I knew that and when I first heard of it, my first thought was; “This is where Buddha would definitely be more popular than Jesus!”
Oh oh oh! It’s not a sex toy! It’s a religious icon! I demand my right to worship my religion!
- MG