Courts divide over constitutionality of sex toy bans
FindLaw: “The Supreme Court of Alabama recently upheld a state obscenity law banning the sale or promotion of sex toys. In so holding, the Court agreed with one of the two federal appellate courts to consider the same question in recent cases”
Will Alabama’s criminalization of sex toys reach the Supreme Court?
1568 Montgomery Highway, Inc. v. City of Hoover, No. 1070531 (Ala. Sept. 11, 2009)
Following the 11th Circuit in Williams, Alabama court holds that public morality is a sufficient basis to uphold ban on sale of “sex toys”
1568 Montgomery Highway, Inc. v. City of Hoover, (AL Sup. Ct., Sept. 11, 2009)
Alabama High Court Says Morality Can Still Justify Commercial Regulation
1568 Montgomery Highway, Inc. v. City of Hoover, (AL Sup. Ct., Sept. 11, 2009)
“In a 7-2 decision, the court upheld against constitutional attack Alabama’s ban on the commercial distribution of sex toys . . . The court concluded that ‘public morality’ can serve as a legitimate rational basis for regulating non-private commercial activity . . .”
