ACLU denounces Appeals Court decision in sexual privacy case
July 29, 2004
MONTGOMERY -- The American Civil Liberties Union today denounced a 2-1 ruling by the Eleventh Circuit U.S. Court of Appeals to uphold an Alabama law that bans the sale of sexual stimulation devices.
The ACLU, which filed a challenge to the law on behalf of six individuals, argued that it infringes upon Americans’ fundamental right to liberty as reaffirmed by the Supreme Court’s ruling in Lawrence v. Texas, which determined that individuals have the right to engage in private and consensual sexual conduct free from government intrusion.
“We are deeply disappointed by today’s panel opinion,” said Mark Lopez, an ACLU staff attorney who argued the case before the court. “As Judge Barkett noted in her eloquent dissent, the majority ruling cannot be squared with the Supreme Court’s recent decision in Lawrence v. Texas, which clearly told us that the constitution protects the sanctity of the bedroom and our intimate sexual matters.”
“Today’s ruling is also inconsistent with the spirit of the Eleventh Circuit’s previous decision to send this case back to the district court for a thorough review of the important rights of sexual privacy that are impacted by Alabama’s law,” Lopez added.
Plaintiffs in the case included Sherri Williams and B.J. Bailey, business owners who would be subject to prosecution and steep fines for the sale of sexual aids and novelties under the challenged law.
“This case is about government imposing its version of morality on private citizens,” said Lopez. “But it’s clear to us that many people don’t share the government’s point of view.”
“We hope to ultimately prevail either before the full appeals court or back in the district court,” Lopez added.
The case, Williams v. Pryor, was originally filed on July 29, 1998. In addition to Lopez, attorneys in the case are Michael Fees of Fees & Burgess and Amy L. Herring, both based in Huntsville. Fees and Herring are acting as ACLU of Alabama cooperating attorneys.
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