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WILLIAMS v. PRYOR

No. 99-10798.

240 F.3d 944 (2001)

Sherri WILLIAMS, B.J. Bailey, et al., Plaintiffs-Appellees, v. Bill PRYOR, in his official capacity as the Attorney General of the State of Alabama, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 31, 2001.

Attorney(s) appearing for the Case

Courtney W. Tarver, Dept. of Mental Health & Mental Retardation, Bureau of Legal Services, Montgomery, AL, for Defendant-Appellant.

Michael L. Fees, Fees & Burgess, P.C., Huntsville, AL, Mark J. Lopez, American Civil Liberties Union, New York City, Raymond L. Jackson, Jr., Jackson & Armstrong, P.C., Auburn, Al, William Patrick Clifford, Montgomery, AL, for Plaintiffs-Appellees.

Before ANDERSON, Chief Judge, and BLACK and HALL, Circuit Judges.

BLACK, Circuit Judge:

The opinion filed in this case on October 12, 2000, is withdrawn, and the following opinion is substituted in its place. The petition for rehearing filed by Appellees is otherwise DENIED.

In 1998, a statute enacted by the legislature of the State of Alabama amended the obscenity provisions of the Alabama Code to make the distribution of certain defined sexual devices a criminal offense. Vendors

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