HUNTSVILLE – The law that bans the sale of sex toys, but not their possession, in the state of Alabama is again being challenged.

Michael Fees, a Huntsville attorney, represents a group of 10 people, all of whom have been fighting the state’s ban on selling sex toys since the law was enacted in 1998.

In a motion filed with a U.S. District Judge Lynwood Smith last Tuesday, Fees argued that a U.S. Supreme Court decision banning the criminalization of gay sex based on privacy issues also protects his clients’ right to buy and sell sex toys.

He argued that the state law is an unwelcome intrusion into his clients’ bedrooms.

If Smith decides to overturn the law, it will mark the third time he has done so.

In 1999, Smith ruled against the law only to have it reversed by the 11th Circuit Court after the state attorney general’s office appealed his decision. In 2002, Smith again ruled against the law, but a three-judge panel of the 11th Circuit overturned him.