The Supreme Court recently refused to hear the appeal of an Alabama sex shop owner who was contesting the 11th Circuit's decision that there is no consumer right to sexual privacy. In the 11th Circuit's opinion:
"If the people of Alabama in time decide that prohibition on sex toys is misguided, or ineffective, or just plain silly, they can repeal the law and be finished with the matter. . .On the other hand, if we today craft a new fundamental right by which to invalidate the law, we would be bound to give that right full force and effect in all future cases including, for example, those involving adult incest, prostitution, obscenity, and the like."
The Alabama statute provides for imprisonment of up to a year in jail and a $10,000 fine for a first offense and 1-10 years for a second offense.
The same Circuit also recently upheld a Florida statute that prohibits gays and lesbians from adopting.
In the long run, we can only hope that the Supreme Court's refusal to take the case will be for the best. With the current composition of the Court, the result could have been worse if the justices had taken the appeal, but that won't do sex toy buyers (who can still purchase toys out of state) and sellers in Alabama any good.
If your sexual style is out of the mainstream in any way, you should be afraid, very afraid.
And someone said this is a free country.