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DPChallenge Forums >> Rant >> Is it Alabama part of China ?
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07/29/2004 09:20:56 AM · #1
People want toys !

"BIRMINGHAM, Ala. - A federal appeals court Wednesday upheld a 1998 Alabama law banning the sale of sex toys in the state, ruling the Constitution doesn't include a right to sexual privacy. "

Bananas and cucumbers are next to be banned !

Message edited by author 2004-07-29 09:23:18.
07/29/2004 09:31:23 AM · #2
Yep, I live in Alabama and that's the law. Has been for a while now... I also live in a city in Alabama where on Sundays nothing is open till 1:00 in the afternoon and everything closes again at 6:00. Blue laws.. :>)~ It's a little inconveniencing, but nothing I can't handle.
07/29/2004 10:09:53 AM · #3
And the Ammis. talk about freedom of speech!!
Your free to do anything you want as long as it's in the law. And the law says you can't do this or that or by this or that ...
07/29/2004 10:21:31 AM · #4
Originally posted by pitsaman:

People want toys !

"BIRMINGHAM, Ala. - A federal appeals court Wednesday upheld a 1998 Alabama law banning the sale of sex toys in the state, ruling the Constitution doesn't include a right to sexual privacy. "

Bananas and cucumbers are next to be banned !


You have no right of sexual privacy?????
What that means?
You have to do it in public?
Police has to make sure you do it the right way?

This is funny !

And we are pushing China and Cuba on human rights....
07/29/2004 11:00:54 AM · #5
I dont believe there is a law against owning the toys...just about selling them.
07/29/2004 01:47:16 PM · #6
Imagine that. A judge in the US in the 21st century who understands that its not his job to invent rights that don't exist in the constitution. I'm sure the ACLU, et al, will work hard to remedy that.
07/29/2004 01:55:18 PM · #7
Originally posted by pitsaman:

You have no right of sexual privacy?????
What that means?


I just scanned the Bill of Rights, and don't see "sexual privacy" anywhere. I do believe, however, that states have the right to regulate commerce within their borders.

Does the Macedonian constitution specify a right of sexual privacy?
07/29/2004 02:01:42 PM · #8
The people of Alabama voted in the people that made that law.

A dumb law if you're asking me.
07/29/2004 02:06:54 PM · #9
Originally posted by louddog:

The people of Alabama voted in the people that made that law.

A dumb law if you're asking me.


Those same people can vote them out of office too...

LMAO so are they going to stop the sale of cuccumbers, carrots and gerbils in the state of Alabama?
07/29/2004 02:09:12 PM · #10
I just heard that sales of personal masagers at "The Sharper Image" in Alabama are sky rocketing!
07/29/2004 02:15:54 PM · #11
I wouldn't be too surprised if those where legal in China already :))
07/29/2004 02:27:56 PM · #12
Comparing a judge's allowance of the restriction of sexual toy sales with Chinese human rights abuses is rather absurd. As louddog pointed out, the law is that way because the people of alabama (as a whole) either want it that way, or simply allow it to be that way, however stupid the law may be. (And it is impressively stupid.)
07/29/2004 03:48:09 PM · #13
Originally posted by ScottK:

Originally posted by pitsaman:

You have no right of sexual privacy?????
What that means?


I just scanned the Bill of Rights, and don't see "sexual privacy" anywhere. I do believe, however, that states have the right to regulate commerce within their borders.

Does the Macedonian constitution specify a right of sexual privacy?


I don't know any civilized government (until today) which is regulating how people are going to have sex!
And believe me Macedonia knows much better than that...
07/29/2004 04:15:26 PM · #14
Originally posted by ScottK:

Imagine that. A judge in the US in the 21st century who understands that its not his job to invent rights that don't exist in the constitution. I'm sure the ACLU, et al, will work hard to remedy that.

Imagine that, a 19th-century judge who ignores Supreme Court precedent to impose restrictions on people ... let's hear it for judicial activism!

I believe the law of the land is that the government has to prove irreparable harm to the general public to prohibit public sales. This should make for an interesting batch of testimony.
07/29/2004 04:21:44 PM · #15
Originally posted by ScottK:

I just scanned the Bill of Rights, and don't see "sexual privacy" anywhere.

I think it's covered by the following exerpt ... please note that we similarly have Constitutional rights against illegal wiretaps, even though the Constitution does not mention telephones ...

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ...


I noticed that some defenders of this decision consider the law "stupid," which logically leads to the conclusion that any seizures based on it are probably "unreasonable" and therefore prohibited.

Message edited by author 2004-07-29 16:22:31.
07/29/2004 04:23:13 PM · #16
Originally posted by pitsaman:

Originally posted by ScottK:

Originally posted by pitsaman:

You have no right of sexual privacy?????
What that means?


I just scanned the Bill of Rights, and don't see "sexual privacy" anywhere. I do believe, however, that states have the right to regulate commerce within their borders.

Does the Macedonian constitution specify a right of sexual privacy?


I don't know any civilized government (until today) which is regulating how people are going to have sex!
And believe me Macedonia knows much better than that...


Oh, yeah! Let's hear it for Macedonia, where they apparently aren't regulating how people are going to have sex, and this news item originated. Here's the lead paragraph:

"People tend to turn blind eye at what's happening in the heart of the Balkans. Thousands of women are trapped, tortured and forced to have sex in Macedonia."

Ron
07/29/2004 04:30:24 PM · #17
Originally posted by GeneralE:

Originally posted by ScottK:

I just scanned the Bill of Rights, and don't see "sexual privacy" anywhere.

I think it's covered by the following exerpt ... please note that we similarly have Constitutional rights against illegal wiretaps, even though the Constitution does not mention telephones ...

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ...


I noticed that some defenders of this decision consider the law "stupid," which logically leads to the conclusion that any seizures based on it are probably "unreasonable" and therefore prohibited.


The judge's ruling did not justify seizures from the people entitled to privacy of their person or domicile - only to the sale of certain objects at the retail level. I don't believe that businesses are entitled to claim the individual rights granted under the constitutions of either the U.S. or the State of Alabama ( or any other state).
Note: do not infer from my statements that I believe that this particular law should be on the books or should be enforced. I'm just debating the point of "unreasonable search and seizure" in this context.

Ron
07/29/2004 04:30:29 PM · #18
Originally posted by RonB:

Originally posted by pitsaman:

Originally posted by ScottK:

Originally posted by pitsaman:

You have no right of sexual privacy?????
What that means?


I just scanned the Bill of Rights, and don't see "sexual privacy" anywhere. I do believe, however, that states have the right to regulate commerce within their borders.

Does the Macedonian constitution specify a right of sexual privacy?


I don't know any civilized government (until today) which is regulating how people are going to have sex!
And believe me Macedonia knows much better than that...


Oh, yeah! Let's hear it for Macedonia, where they apparently aren't regulating how people are going to have sex, and this news item originated. Here's the lead paragraph:

"People tend to turn blind eye at what's happening in the heart of the Balkans. Thousands of women are trapped, tortured and forced to have sex in Macedonia."

Ron


You are talking about illegal immigrants who are being manipulated and mistreated by the Albanian gangs !
Those things are not sanctioned by the government,they are trying to capture and persecute such groups !
That has nothing to do with the stuff we are talking here .
Back in 1992 I was in Georgia mall bookstore and asked the salesperson for Playboy !
She start laughing and told me that i have to go to Florida to buy such magazine ??

Same gangs do the same thing in Britain too !

Message edited by author 2004-07-29 16:36:27.
07/29/2004 04:32:13 PM · #19
Originally posted by ScottK:

I just scanned the Bill of Rights, and don't see "sexual privacy" anywhere.

There is also nothing in the Bill of Rights that says we have the right to do back flips, but I'm pretty sure that it is still legal (although, maybe not while using a sex toy). :)


07/29/2004 04:39:36 PM · #20
Originally posted by louddog:

I just heard that sales of personal masagers at "The Sharper Image" in Alabama are sky rocketing!


They do have USB powered ones in Japan. Just plug it into a free USB port :)
07/29/2004 04:39:58 PM · #21
Originally posted by pitsaman:

Back in 1992 I was in Georgia mall bookstore and asked the salesperson for Playboy !
She start laughing and told me that i have to go to Florida to buy such magazine ??


And in 1965, I was in Sacremento, California and was confused when I went to buy a steak and found nothing but an empty meat case. I was told that if I wanted to buy meat on Sunday, I had to go to the next county.

My point is that, under the U.S. system, laws are passed by legislatures comprised of people elected to office by "the people". If "the people" don't like the laws, they should petition the legislature to change it. If the legislature won't do that, "the people" should vote someone else in who will better represent their views. If "the people" do nothing, then, by default, they are agreeing that the law is OK with them - or at least with a majority of them.

The intent of my post was not to denigrate Macedonia or its people - merely to point out that "some" laws concerning sexual behaviour may be necessary for the general welfare ( though not necessarily the one we are discussing ).

Ron
07/29/2004 04:48:48 PM · #22
oh god..
07/29/2004 05:22:02 PM · #23
Originally posted by RonB:

The judge's ruling did not justify seizures from the people entitled to privacy of their person or domicile - only to the sale of certain objects at the retail level. I don't believe that businesses are entitled to claim the individual rights granted under the constitutions of either the U.S. or the State of Alabama ( or any other state).
Note: do not infer from my statements that I believe that this particular law should be on the books or should be enforced. I'm just debating the point of "unreasonable search and seizure" in this context.

Ron

I would argue that to say that something is legal to posess, but illegal for someone to sell to you, is just the kind of convoluted Catch-22 thinking which is used by legislatures to limit individual rights, and as such should be fought by "whatever means" necessary.

I still believe that in order for a law to be enforceable, the burden of proof rests with the State that there is an over-riding public interest to be served by abridging the individual freedoms of the minority. I don't believe that burden of proof can be met in this situation, and as such the law is unconstitutional.

And I understand you're discussing and not "defending" -- I try to do the same .... : )
07/29/2004 05:40:08 PM · #24
In most state hookers are illegal...that's sex ain't it.
07/29/2004 05:44:38 PM · #25
Originally posted by vtruan:

In most state hookers are illegal...that's sex ain't it.


Only if they charge too much :-)
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