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WILLIAMS v. ATTORNEY GENERAL OF ALA.

No. 02-16135.

378 F.3d 1232 (2004)

Sherri WILLIAMS, B.J. Bailey, Plaintiffs-Appellees, Betty Faye Haggermaker, et al., Plaintiffs, Alice Jean Cope, Jane Doe, Deborah L. Cooper, Benny Cooper, Dan Bailey, Jane Poe, Jane Roe, Plaintiffs-Appellees, v. ATTORNEY GENERAL OF ALABAMA, Defendant-Appellant, Tim Morgan, in his official capacity as the District Attorney of the County of Madison, Alabama, Defendant.

United States Court of Appeals, Eleventh Circuit.

July 28, 2004.

Attorney(s) appearing for the Case

Charles Brinsfield Campbell, Rouse, Scott Lee, Montgomery, AL, for Troy King.

Michael L. Fees, Fees & Burgess, P.C., Huntsville, AL, for Sherri Williams.

Mark J. Lopez, American Civil Liberties Union, New York City, for B.J. Bailey.

Amy Louise Herring, Huntsville, AL, for Alice Jean Cope, Deborah L. Cooper, Benny Cooper, Dan Bailey.

Before BIRCH, BARKETT and HILL, Circuit Judges.

BIRCH, Circuit Judge:

In this case, the American Civil Liberties Union ("ACLU")1 invites us to add a new right to the current catalogue of fundamental rights under the Constitution: a right to sexual privacy. It further asks us to declare Alabama's statute prohibiting the sale of "sex toys" to be an impermissible burden on this right. Alabama responds that the statute exercises a time-honored use of state police power — restricting...

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