1568 Montgomery Highway, Inc. v. City of Hoover, a Municipal Corporation

Summary

The Alabama Supreme Court affirmed the judgment upholding the statute that generally prohibited the commercial sale of sexual devices. It held that the statute did not violate federal substantive due process because it regulated public commercial activity, not private sexual conduct, and that public morality remained a rational basis for the regulation. The court also rejected the state constitutional and separation-of-powers challenges, while concluding that a vagueness challenge to undefined statutory terms was not preserved. Justice Woodall, dissenting, would have held that the sales ban substantially burdened the constitutional right to private consensual sexual intimacy.