Will Alabama’s criminalization of sex toys reach the Supreme Court?
Eugene Volokh writing at The Volokh Conspiracy:
Friday, the Alabama Supreme Court upheld (by a 7-2 vote, in 1568 Montgomery Highway, Inc. v. City of Hoover) a state statute that criminalizes, among other things, “knowingly distribut[ing] … any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value” . . .
It’s quite possible that the issue will now go to the Supreme Court. There was already a split on whether such statutes are constitutional in the wake of Lawrence v. Texas. The Eleventh Circuit upheld the Alabama statute in Williams v. Morgan (2007), but last year the Fifth Circuit struck down a similar Texas statute in Reliable Consultants, Inc. v. Earle.
1568 Montgomery Highway, Inc. v. City of Hoover, No. 1070531 (Ala. Sept. 11, 2009)