Women of Alabama can rejoice. A federal judge has ruled that the vibrators and dildos that they use to pleasure themselves and treat sexual dysfunction are legal once again.
The ban came as part of a bill passed last year to regulate strip clubs and the activities of nude dancers, but merchants such as Sherri Williams saw the measure as the death knell for their businesses, and wives like Betty Faye Haggermaker saw the end of her ability "both to enhance [her and her husband's] intimate relationship and to assist her in overcoming orgasmic difficulties," according to the complaint filed on her and five others' behalf by the American Civil Liberties Union.
According to the 1998 law, "It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal."
On March 30, U.S. District Judge Lynwood Smith ruled that the law was "overly broad," that it bears no "rational relation to a legitimate state interest," and said people who used the devices would be "denied therapy for, among other things, sexual dysfunction."
"We succeeded in kicking the government out of our bedroom," Williams said.
But the outcome was less of a victory than many others had hoped.
In keeping with established court procedure, since Judge Smith found that the statute was vague and served no proper governmental interest, the court never reached the ACLU's claim that "[t]he constitutional right of privacy protects intimate decisions involving lawful sexual practices between consenting adults."
Citing U.S. Supreme Court precedents, Judge Smith wrote that "this court refuses to extend the fundamental right of privacy to protect plaintiffs' interest" in using sex toys.
The law itself - Section 13A-12-200.2 of the Alabama Penal Code - had never been enforced pending the outcome of the court challenge, and the bill's original sponsor, Sen. Tom Butler (D-Madison) said he has no plans to introduce any further legislation aimed at the devices.
