Anti-Obscenity Enforcement Act

Alabama Anti-Obscenity Enforcement Act
Alabama Legislature
  • An Act to repeal Sections 13A-12-150 through 13A-12-159 and Sections 13A-12-170 through 13A-12-179, Code of Alabama 1975; to provide definitions; to define and prohibit the production of, the distribution of, the possession with intent to distribute, and the offer or agreement to produce or distribute obscene material for any thing of pecuniary value; to define and prohibit the public dissemination of obscene material; to define and prohibit the distribution to a minor, the possession with intent to distribute to a minor, the offer or agreement to distribute to a minor, and the display for sale of any material which is harmful to minors; to provide for misdemeanor and felony criminal penalties; to provide for affirmative defenses; to provide for extradition; to provide for the preventing or enjoining by the circuit courts of any violation of this Act; to provide for preliminary and permanent injunctions and for certain im-munities and further to provide that no bond shall be required of the official bringing the action; to provide for the forfeiture and disposition of all obscene material and material which is harmful to minors used, intended to be used, or obtained in violation of the provisions of this act; to provide for the forfeiture and disposition of moneys, negotiable instruments, and funds used, intended to be used, or obtained in any violation of the provisions of this act; to provide for the forfeiture and disposition of proceeds or receipts derived from property which is subject to forfeiture pursuant to the provisions of this act; to provide for the forfeiture of a money judgment amount in lieu of certain property subject to forfeiture; to provide that the Alabama Red Light Abatement Act and Sections 13A-12-190 through 13A-12-198, Code of Alabama 1975, which pertain to obscene materials displaying or depicting children, shall not be repealed, amended, affected, or limited; to provide that city and county ordinances not in conflict with the provisions of this act shall not be repealed by implication; to exclude certain libraries and employees and agents of such libraries from the criminal penalties of this Act; to provide for the punishment under previously existing law of offenses committed prior to the effective date; and to provide for severability and for an effective date.
CitationActs 1989, No. 89-402
Enacted byAlabama Legislature
Signed byH. Guy Hunt
SignedMay 2, 1989 6:20PM
EffectiveMay 2, 1989 6:20PM
Repeals
Ala. Code 1975, § 13A-12-150 to 13A-12-159, Ala. Code 1975, § 13A-12-170 to 13A-12-179
Status: Amended

The Anti-Obscenity Enforcement Act of 1989 is an Alabama statute that criminalizes the sale of sex toys. The law has been the subject of extensive litigation and has generated considerable national controversy.[1][2]

The statute

The statute was originally sponsored by State Senator Tom Butler of Madison, Alabama as a measure to prohibit nude dancing.[3] 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".[4] First-time offenders face a $10,000 fine and a year in prison, while repeat offenders can face up to ten years in prison.[4] Exemptions exist for "bona fide medical, scientific, educational, legislative, judicial or law enforcement purposes".[5]

The law's most outspoken backers have been a coalition of conservative Christians led by Dan Ireland of the Alabama Citizens' Action Program, who defends the law on the grounds that "laws are made to protect the public" and "sometimes you have to protect the public against themselves".[6]

Sherri Williams, an adult novelty dealer, and the American Civil Liberties Union challenged the statute on constitutional grounds.[7] They argued that the precedent of Lawrence v. Texas, which found a right to engage in consensual homosexual sex, also guaranteed a right to sell sex toys. After initially winning their case, Williams v. Alabama, in federal district court, Williams lost appeals to the 11th Circuit.[7][8] The Supreme Court decided not to hear the case.[7]

Ross Winner, the owner of Love Stuff, a chain store which sells sex toys, 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 without having to have a reason."[9] 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.[6] However, adult toys continue to be sold as novelty and educational items. Adult clothing is marketed as costumes.

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.[10]

Toy drive

In 2007, Alabama politician Loretta Nall, 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.[6]

See also

References

  1. ^ Reeves, Jay. Women Fight Alabama Sex Toy Ban, Chicago Sun Times, Feb 18, 1999
  2. ^ Federal Judge Overturns Alabama's Sex Toy Ban, The New York Times, March 30, 1999
  3. ^ Stevens, Challen. Sex toys never 'focus of bill'. Huntsville Times, May 21, 2007
  4. ^ a b "Code of Alabama - Title 13A: Criminal Code - Section 13A-12-200.2 - Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines". Archived from the original on 2009-09-23. Retrieved 2009-09-26.
  5. ^ Stevens, Challen. State set to enforce ban on sex toys, Huntsville Times Oct 2, 2007
  6. ^ a b c Lyman, Brian. Ban on sex toys targeted. Mobile Register, Dec. 7, 2007
  7. ^ a b c High court declines to review Alabama's sex-toys ban Archived 2009-09-24 at the Wayback Machine USA Today, February 22, 2005.
  8. ^ National News Briefs; Federal Judge Overturns Alabama's Sex Toy Ban Archived 2018-07-07 at the Wayback Machine, The New York Times, March 30, 1999
  9. ^ Love Stuff Archived July 18, 2011, at the Wayback Machine
  10. ^ Faulk, Kent. San Francisco Radio Personality Protests Sex Toy Ban, Birmingham News, Feb. 23, 1999
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