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Quote of the Day - The younger generation isn't phased by sex toys. They don't believe they equal pornography. Vending machines allow them to buy such products anonymously without going to a seedy sex shops to do so. - Alan Lucas

Alabama Sex Toys Fall Prey To Legislation Regulating Public Morality

In case you missed it, yesterday was Valentine's Day.  For all of Hallmark's effort and the heart-shaped candy box in the kitchen, it was hard to ignore, but somehow MIPTC managed to do it.  Even my blindingly red MSN home page didn't quite motivate me. 

Do they have a card section for Belated Valentine's Day?

Practicing law makes it difficult to remember holidays, especially nice ones like Valentine's Day and the end-of-the-year "Winter Holiday," as my staff now lists December 25 on our Firm Holiday Calendar.  It's tough because we're always fighting and arguing with opposing counsel, filing motions with the court and litigating cases.

But try as I may, I had a difficult time finding a feel-good post to write about for the holiday, and the best I could do comes from a post on How Appealing.  It was this sentence from this Eleventh Circuit Court of Appeals opinion that grabbed my attention:  "This case comes to us for the third time, arising from a constitutional challenge to a provision of the Alabama Code prohibiting the commercial distribution of devices "primarily for the stimulation of human genital organs."

Plus it was filed on February 14.  Intentional?  Of course, especially with that dry, but nonetheless scintillating come-on from the court.

You don't have to be a lawyer to see the humor in that introduction to the case.  Rather than prolong your curiosity, let's cut to the quick here.  The Alabama legislature's statute barring sex toys withstood the constitutional challenge brought by the ACLU on behalf of those who want to sell sex toys in Alabama and those who want to buy them.  The court upheld the statute on the basis that the Alabama legislature can legitimately regulate public morality. 

And I thought you used them in the bedroom.  Silly me.

Posted by J. Craig Williams on 2/15/2007 at 00:29 Comments (1)



Comments by david from United States on Saturday, February 17, 2007 at 11:28

What an idiotic ruling! Government has no rational basis for such laws,they infringe on the 9th and 14th amendments.


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