Jefferson County Circuit Judge Robert Vance Jr. looks at a display of a school girl uniform costume while touring Love Stuff on Thursday, Oct. 11, 2007 in Hoover. (The Birmingham News file)
MONTGOMERY — The Alabama Supreme Court ruled against Love Stuff, a Hoover business that sells vibrators and other sexual devices, and upheld Alabama’s anti-obscenity law.
The court ruled that the business failed to show that the state law banning the sale of sexual aides was unconstitutional.
“Public morality can still serve as a legitimate rational basis for regulating commercial activity, which is not a private activity,” Supreme Court justices wrote in the opinion issued Friday.
“As the Eleventh Circuit in Williams IV pithily and somewhat coarsely stated: ‘There is nothing ‘private’ or ‘consensual’ about the advertising and sale of a dildo.”
Love Stuff had argued a section of Alabama’s anti-obscenity law banning “adult-only entertainment” near churches and child care centers was unconstitutional vague because the phrase was not defined.
“We’re not closing,” said Love Stuff attorney Amy Herring.
She said the store is reviewing its options for appeal.
She said she was very pleased that two of nine justices concurred with the store’s argument.
Really…This is outrageous in a “red” state for the Government to be this invasive in people’s personal lives is outrageous. Who cares what people put in them? It’s crazy. Free the love…man. Totally…