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Judge Won't Turn Off Vibrator Ban
The Indy Channel ^ | February 16, 2007 | AP

Posted on 02/16/2007 8:05:09 AM PST by Abathar

Sex Toy Ban Has Wiggle Room Before Starting

The buzz in Alabama this week was over a vibrator ruling.

A federal appeals court ruled that the state's ban on sex toys is constitutional.

But the adult playthings won't be disappearing immediately. The state attorney general's office has agreed not to enforce the law pending further appeals.

The appeals court held that the state legislature could ban sex toy sales in the interest of preserving public morality. Sherri Williams, who owns the Pleasures adult toy shops in Huntsville and Decatur, is among those who challenged the law.

She said she's disappointed the court made it's ruling on Valentine's Day. The decision, dated Wednesday, was released Thursday.


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To: Abathar

It's hard to imagine that banning sex toys (on some general notion that they would harm "public morality") is constitutional, but banning gay sodomy (on the proven notion that it burdens society do to the increased incidence of HIV and Aids, as well as other sexually transmitted diseases) is unconstitutional.

I'd rather it be the other way around.


21 posted on 02/16/2007 11:38:29 AM PST by CharlesWayneCT
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To: misterrob

Well, before the (mis)interpretation of the 14th amendment, the federal constitution did not preclude states from enacting their own laws that might be more restrictive than those the federal government was allowed to impose.


22 posted on 02/16/2007 11:40:00 AM PST by CharlesWayneCT
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To: misterrob

This is a state law, not a federal law. It's not the congress banning the toys, it's a state government.


23 posted on 02/16/2007 11:41:06 AM PST by CharlesWayneCT
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To: Slings and Arrows

News from Alabamastan!!


24 posted on 02/16/2007 11:42:49 AM PST by KoRn
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To: CharlesWayneCT

I completely agree. If they are banned under morales laws then I can think of far worse things that gays do to each other.


25 posted on 02/16/2007 11:44:56 AM PST by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: #1CTYankee; RacerF150
"Meanwhile, cucumbers are still legal"

LOL, so are zucchini.

...and they're both organic, renewable  resources; very ecofriendly.

26 posted on 02/16/2007 11:46:17 AM PST by Redcloak (The 2nd Amendment isn't about sporting goods.)
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To: misterrob
On what grounds?

Probably on the grounds that the Alabama State Constitutions allows for it. Given what I've read about the Alabama Constitution, it's quite likely, as there are a massive number of very specific Amendments to it.

In the absence of a U.S. Constitution word on the matter, the states, via their constitutions, can generally do whatever they want to.

27 posted on 02/16/2007 11:47:23 AM PST by kevkrom (WARNING: The above post may contain sarcasm... if unsure, please remember to use all precautions)
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To: kevkrom

Anything not spelled out at the federal level is left to the states to determine but what is it that gives the state that power over people's lives? Just because it says so?


28 posted on 02/16/2007 12:12:18 PM PST by misterrob (Jack Bauer/Chuck Norris 2008)
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To: Abathar; MeekOneGOP; Conspiracy Guy; DocRock; King Prout; SandyInSeattle; Darksheare; OSHA; ...
o/~ ...ain't nothin' like the real thing... o/~


29 posted on 02/16/2007 12:24:11 PM PST by Slings and Arrows ("Facts are a Zionist plot!" --MarkL)
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To: Yorlik803

H Clinton is all atitter over this ruling, while the state of Alabama is all abuzz over it, er because of it, er, well you get the ... oops, almost made an error there.


30 posted on 02/16/2007 12:29:07 PM PST by MHGinTN (If you've had life support. Promote life support for others.)
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To: Kryptonite
As long as the legislation bears some relation to some legitimate end, it will be upheld. Here, the legitimate end is public morality. Kinda refreshing to see those two words again in a legal opinion.

But there has to be a meaningful relationship between the regulated entity and 'public morality.' I can't just randomly ban things (popcorn, staplers, whatever) without explaing why. So what is the 'public morality' relevance of this law?

31 posted on 02/16/2007 12:30:34 PM PST by Sloth (The GOP is to DemonRats in politics as Michael Jackson is to Jeffrey Dahmer in babysitting.)
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To: misterrob
Anything not spelled out at the federal level is left to the states to determine but what is it that gives the state that power over people's lives? Just because it says so?

Not "just because it says so" but because it is duly authorized to do so by a properly adopted state constitution or amendment.

That is, presuming the state constitution actually does have such a provision, which is a guess, but I'm not pouring through the 700+ amendments of the Alabama constitution to find out for sure. I'm mostly talking in the theoretical realm here anyway.

32 posted on 02/16/2007 12:34:58 PM PST by kevkrom (WARNING: The above post may contain sarcasm... if unsure, please remember to use all precautions)
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To: Abathar

Will hardware store owners be jailed for selling shower heads?


33 posted on 02/16/2007 12:38:23 PM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: Squawk 8888

Next they'll ban cucumbers from the produce section.


34 posted on 02/16/2007 1:05:15 PM PST by highimpact
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To: Tijeras_Slim

I know there's a law against "sexual battery". Aren't those the kind you put in them vibrators?


35 posted on 02/16/2007 1:13:57 PM PST by Emmett McCarthy
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To: Abathar

Alabama's Harley dealers dodged a bullet they didn't even know was out there.


36 posted on 02/16/2007 1:18:03 PM PST by Dinsdale
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To: Abathar
it has far reaching effects in other things

Depends on the product features...

37 posted on 02/16/2007 1:23:00 PM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: napscoordinator; Slings and Arrows
Whoever is wanting more government into our lives must have a stick up there butt.

Nah, I'm afraid that is not legal.

38 posted on 02/16/2007 1:32:10 PM PST by pcottraux (It's pronounced "P. Coe-troe.")
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To: Sloth
I can't just randomly ban things (popcorn, staplers, whatever) without explaing why.

In Alabama, you may not have an ice cream cone in your back pocket at any time.

States are allowed to make and pass silly laws that make no sense what so ever as long as they do not violate the Federal or State Constitution.

39 posted on 02/16/2007 2:16:30 PM PST by Harmless Teddy Bear (All that is required for evil to triumph is that good men do nothing -E. Burke)
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To: Kryptonite
Here, the legitimate end is public morality. Kinda refreshing to see those two words again in a legal opinion.

Yeah!! And while we're at it, let's outlaw blasphemy, too - that'd be extra refreshing!!!

<\sarcasm>

40 posted on 02/16/2007 2:24:49 PM PST by Yossarian (Everyday, somewhere on the globe, somebody is pushing the frontier of stupidity.)
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