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Alabama Still in the 18th Century; Its top court rejects challenge to state’s ban on sale of sex toys

MONTGOMERY — from www.al.com – The Alabama Supreme Court ruled against Love Stuff, a Hoover business that sells vibrators and other sexual devices, and upheld Alabama’s anti-obscenity law.

The court ruled that the business failed to show that the state law banning the sale of sexual aides was unconstitutional.

“Public morality can still serve as a legitimate rational basis for regulating commercial activity, which is not a private activity,” Supreme Court justices wrote in the opinion issued Friday.

“As the Eleventh Circuit in Williams IV pithily and somewhat coarsely stated: ‘There is nothing ‘private’ or ‘consensual’ about the advertising and sale of a dildo.”

Love Stuff had argued a section of Alabama’s anti-obscenity law banning “adult-only entertainment” near churches and child care centers was unconstitutional vague because the phrase was not defined.

“We’re not closing,” said Love Stuff attorney Amy Herring.

She said the store is reviewing its options for appeal.

She said she was very pleased that two of nine justices concurred with the store’s argument.

MONTGOMERY, Ala. (AP) — Alabama’s top court has rejected a challenge to a state law banning the sale of sex toys except for limited purposes.

The Love Stuff store in Hoover had challenged the law as unconstitutional. The Alabama Supreme Court rejected the challenge Friday in a 7-2 decision.

An attorney for Love Stuff, Amy Herring, says her client is considering asking the U.S. Supreme Court to review the decision.

Alabama’s ban permits sales for a few reasons, including medical purposes. Stores require customers to say they are buying the sex toys for one of the permitted reasons.

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