Anti-Obscenity Enforcement Act
Encyclopedia
The Anti-Obscenity Enforcement Act of 1998 is an Alabama
statute that criminalizes the sale of sex toy
s. The law has been the subject of extensive litigation and has generated considerable national controversy.
as a measure to prohibit nude dancing. It prohibits "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." First time offenders face a $10,000 fine and a year in prison, while repeat offenders can face up to ten years in prison. Exemptions exist for "bona fide medical, scientific, educational, legislative, judicial or law enforcement purposes."
The law's most outspoken backers have been a coalition of Conservative Christians led by Dan Ireland of the Alabama Citizens' Action Program. Ireland has defended the law on the grounds that "laws are made to protect the public" and "sometimes you have to protect the public against themselves."
challenged the statute on constitutional grounds The argued that the precedent of Lawrence v. Texas
, finding a right to engage in consensual gay sex, also guaranteed a right to sell sex toys. After initially winning their case, Williams vs. Alabama, in Federal District Court, Williams lost appeals to the 11th Circuit. The Supreme Court refused to hear the case.
Ross Winner, the owner of a chain store named Love Stuff, subsequently sued to have the statute declared unconstitutional under the Alabama Constitution. Winner's position is that "a person should have the ability to come in and purchase a sexual device with out having to have a reason." The Alabama Supreme Court ruled against him on September 11, 2009, and the statute's ban is now in effect.
State Representative
John Rogers of Birmingham
has repeatedly introduced legislation to repeal the ban, but each bill has been defeated.
, a former Libertarian Party
candidate for governor, launched a well-publicized "toy drive" to send sex toys to Alabama Attorney General Troy King
, a staunch defender of the law.
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
statute that criminalizes the sale of sex toy
Sex toy
A sex toy is an object or device that is primarily used to facilitate human sexual pleasure. The most popular sex toys are designed to resemble human genitals and may be vibrating or non-vibrating...
s. The law has been the subject of extensive litigation and has generated considerable national controversy.
The statute
The statute was originally sponsored by State Senator Tom Butler of Madison, AlabamaMadison, Alabama
As of the census of 2000, there were 29,329 people, 11,143 households, and 8,067 families residing in the city. The population density was 1,266.5 people per square mile . There were 12,121 housing units at an average density of 523.4 per square mile...
as a measure to prohibit nude dancing. It prohibits "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." First time offenders face a $10,000 fine and a year in prison, while repeat offenders can face up to ten years in prison. Exemptions exist for "bona fide medical, scientific, educational, legislative, judicial or law enforcement purposes."
The law's most outspoken backers have been a coalition of Conservative Christians led by Dan Ireland of the Alabama Citizens' Action Program. Ireland has defended the law on the grounds that "laws are made to protect the public" and "sometimes you have to protect the public against themselves."
Legal challenges
Sherry Williams, an adult novelty dealer, and the American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
challenged the statute on constitutional grounds The argued that the precedent of Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
, finding a right to engage in consensual gay sex, also guaranteed a right to sell sex toys. After initially winning their case, Williams vs. Alabama, in Federal District Court, Williams lost appeals to the 11th Circuit. The Supreme Court refused to hear the case.
Ross Winner, the owner of a chain store named Love Stuff, subsequently sued to have the statute declared unconstitutional under the Alabama Constitution. Winner's position is that "a person should have the ability to come in and purchase a sexual device with out having to have a reason." The Alabama Supreme Court ruled against him on September 11, 2009, and the statute's ban is now in effect.
State Representative
Alabama House of Representatives
The Alabama House of Representatives is the lower house of the Alabama Legislature, the state legislature of the U.S. state of Alabama. The House is composed of 105 members representing an equal amount of districts, with each constituency containing at least 42,380 citizens. There are no term...
John Rogers of Birmingham
Birmingham, Alabama
Birmingham is the largest city in Alabama. The city is the county seat of Jefferson County. According to the 2010 United States Census, Birmingham had a population of 212,237. The Birmingham-Hoover Metropolitan Area, in estimate by the U.S...
has repeatedly introduced legislation to repeal the ban, but each bill has been defeated.
Public reaction
San Francisco radio personality Big Joe Lopez held a protest outside the Federal Courthouse in Huntsville, Alabama, giving away sex toys to passersby.Toy drive
In 2007, Alabama politician Loretta NallLoretta Nall
Loretta Nall is the founder of the United States Marijuana Party which calls for the legalization of cannabis. She was a write-in candidate for governor of Alabama in 2006....
, a former Libertarian Party
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...
candidate for governor, launched a well-publicized "toy drive" to send sex toys to Alabama Attorney General Troy King
Troy King
Troy Robin King is the former attorney general of the state of Alabama, United States. He previously served as an assistant attorney general and a legal adviser to both Republican governors Bob Riley and Fob James. King was appointed by Governor Bob Riley in 2004, when William Pryor resigned to...
, a staunch defender of the law.