ollowing complaints by religious and "family"groups and a two year legal battle, a federal appeals court has upheld an Alabama statute which prohibits the commercial distribution of sex toys.

   In April, 1998 the Alabama legislature unanimously passed a law banning the sale of "any device designed or marketed as useful primarily for the stimulation of human genital organs," and provided for a fine of up to $10,000 and a year in jail. The measure was modeled after similar legislation in Georgia and Tennessee.

   Two female entrepreneurs who sold devices from private in-house parties and a romance shop were among those who challenged the measure, saying that it violated their right to privacy. Their lawsuit stated that "by restricting the sales of these devices to plaintiffs, Alabama has acted in violation of the fundamental rights of privacy and personal autonomy that protect an individual's lawful sexual practices guaranteed by the First, Fourth, Ninth and Fourteenth Amendments of the United States Constitution."

   The law was engineered by State Sen. Tom Butler (D-Madison) who said that he was "amazed" at the outcry over the legislation. He denied that the measure had anything to do with government attempting to control people's sex lives, telling reporters "No one cares a hoot about what they do" in the privacy of one's bedroom.

   Butler said that the measure was directed against "commercial operations."

   AANEWS observed in a March, 1999 dispatch, "Many of the state's religious conservatives -- often noted for denouncing 'big government' -- have signed-on to support Sen. Butler and the dildo ban, including Rev. Dan Ireland, executive director of the Alabama Citizens Action program. He declared that dildos and other toys are 'a nuisance and they certainly are conducive for promiscuity and loose morals.' Rev. Ireland also suggested that the ban "may prevent a lot of health problems,' and praised Butler for his 'noble stand.' "

   In August, 1999, U.S. District Judge Lynwood Smith found that statute was "overly broad" and violated the due process rights of the plaintiffs because it had "no rational relation to a legitimate stat interest."

   On Friday, a three judge panel of the U.S. 11th Circuit Court of Appeals upheld the law, suggesting that it "is rationally related to the state's legitimate government interest in public morality." The court opined that Alabama could indeed attempt to ban "the commerce of sexual stimulation and auto-eroticism, for its own sake, unrelated to marriage, procreation, or familial relationships," and that the "crafting and safeguarding of public morality has long been an established part of the States' plenary police power to legislate..."

   The good news in all of this judicial authoritarianism and government prudery is that the case is being sent back to Judge Smith for a reevaluation of the claims of four of the plaintiffs who were users of the sex toys, as opposed to commercial sellers.

   Attorney General Bill Pryor told reporters over the weekend that he was happy with the ruling, and added "Our duty is to defend the laws of Alabama." The case is WILLIAMS v. PRYOR, No. 99-10798.

[text only]