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

Summary

The court affirmed the judgment upholding Alabama's prohibition on the commercial sale of sexual devices against federal and state constitutional challenges. It held that the prohibition regulates public commercial activity, does not burden a recognized fundamental right, and is rationally related to the State's interest in public morality and welfare. The court also rejected the separation-of-powers challenge and held that a vagueness challenge to particular statutory terms was not preserved. Justice Woodall, dissenting, would have held that the prohibition impermissibly burdens the constitutional right to private consensual sexual intimacy.