Alabama Supremes uphold criminalization of sex toy sales; store owner will continue to sell them

[ccharles000]

The Alabama Supreme Court on Friday upheld the state's ban on the sale of sex toys, but Love Stuff, the Hoover store that filed the challenge, has no plans to stop selling the devices.

While people have the right to use the devices in private, the Legislature has the right to ban public distribution of those products, the court majority ruled in a 7-2 decision.

..."Public morality can still serve as a legitimate rational basis for regulating commercial activity, which is not a private activity," Associate Justice Michael F. Bolin wrote in the majority opinion.

..."As the 11th Circuit pithily and somewhat coarsely stated: `There is nothing `private' or `consensual' about the advertising and sale of a dildo,'" the majority opinion said.

Every time I go to Birmingham, when we go to the airport we pass Love Stuff, the sex toy adult novelty store in this case and I wonder how this store managed to skirt by the ridiculous legislation in Alabama that bans the sale of sex toys. Clearly it's been doing business while its case has been winding through the courts. Sherri Williams said this in an earlier interview about the situation:

"My motto has been they are going to have to pry this vibrator from my cold, dead hand. I refuse to give up," she said.

Alabama's anti-obscenity law, enacted in 1998, bans the distribution of "any device designed or marketed as useful primarily for the stimulation of human genital organs for anything of pecuniary value."

The law does not ban the possession of sex toys, and it does not regulate other items, including condoms or virility drugs. Residents may legally buy sex toys out of state for use in Alabama, or they may buy sexual devices in Alabama that have a "bona fide medical" purpose.

http://www.pamshouseblend.com/diary/12944/alabama-supremes-uphold-criminalization-of-sex-toy-sales-store-owner-will-continue-to-sell-them

[Libertas1776]

1. Take it to the US Supreme Court!

Don't give up.

[lapfog_1]

4. Probably can't...

there isn't standing, unless you can make a "free speech" argument (or freedom of religion!!!).

There isn't any interstate commerce involved.

[Unvanguard]

7. Interstate commerce is a restriction on Congress, not SCOTUS.

If there are free speech or right to privacy constitutional issues here, and they want to make a federal challenge, the Supreme Court has jurisdiction.

[provis99]

2. does the Alabama Supreme Court consider a penis pump a medical device?

Apparently, Clarence Thomas had one, and if its good enough for the US Supreme Court, it should be good enough for the Alabama Supreme Court.

[rocktivity]

3. If people want to buy sex toys, it's nobody else's fucking business

if you'll pardon the expression.


rocktivity

[lapfog_1]

5. Secession is our friend.

Please please please... go and take your idiotic ideas with you (and everyone that thinks like that).

Sorry southern DUers... I love you guys. Would you at least consider moving to a blue state? Swapping jobs and homes with a Beckistan teabagger?



(OK, I'm kidding... but, well... think about it!)

[MercutioATC]

6. What about selling them as "contraceptive training aids"?

Selling a latex penis as a training to teach people how to apply a condom has worked in other states...

[Manifestor_of_Light]

8. Then they'll have to outlaw zucchini and cucumbers.

:rofl:

[REP]

9. Vibrators (to induce orgasm) were invented as medical devices

Here's a piece with a quick history:

http://women.timesonline.co.uk/tol/life_and_style/women/article4032852.ece

[ccharles000]

11. interesting

[sharesunited]

10. If only they would leave sex toys alone and shut down the sale of guns and ammo.

[NoUsername]

12. This law should be easy to get around.

Can't they just sell something "legal,", like a Snickers bar for, say, $15.99 and advertise that with every purchase of a Snickers bar, they will throw in a free (insert name of $14.99 vibrator here)? They can just do this for each and every item in the store and price the offers accordingly. Of course, it would be a bit of a PITA (uh, no pun intended) to do it this way but that might be one way to get around the law. Of course, the law itself is rather insane and I fully support Sherri Williams and anyone else that takes a stand against this type of insanity.

Personally, I'd like to see the transcript of the Alabama legislature for the arguments in favor of passing this law. You just know this all came about because someone in the legislature couldn't satisfy his wife and he was really pissed because she had to resort to "other means."

Then again, maybe it's a religious thing in which case we all need to respect the beliefs of others. If that's the case, I'd say that "JackHammer Jesus" should fall into the "excluded for religious reasons" category. But please remember to heed the warning at the website: Feet first, feet first. Not the head ya fool. http://www.divine-interventions.com/jackhammer.html

[ccharles000]

13. kick