Ariz. Supreme Court Reverses Decision in Adult Bookstore Case

PHOENIX — The Arizona Supreme Court has overturned the dismissal of charges against two adult bookstore owners who were prosecuted for violating a state law that restricts their business hours.

In its opinion in State of Arizona vs. Stummer and Lumm, written by Vice Chief Justice Rebecca White Berch, the high court also published a multi-pronged test that it came up with to allow lower courts to determine whether the state law violates the First Amendment guarantee to free speech.

Hubert August Stummer and Dennis Allen Lumm were originally charged for violating an Arizona law that “forbids adult bookstores from remaining open during certain early morning hours,” according to documents. Under that law, Arizona Revised Statutes 13-1422 (A), adult bookstores are required to be closed for business from 1 a.m. to 8 a.m. Monday through Saturday, and from 1 p.m. to noon on Sunday.

Stummer and Lumm were convicted in Maricopa County Superior Court. They appealed in 2007 and won on argument that another court found the Arizona law unconstitutional.

Writing in her appeal, Justice Berch said the high court justices considered whether adult businesses caused “increased prostitution and sexually oriented litter in the surrounding communities.”

To help decide the case, the Supreme Court set up a three-pronged test that to guide the trial court. To decide whether the hour restrictions are constitutional under Arizona law, the lower court should consider “evidence of the significance of the infringement of speech, the effectiveness of the statute in reducing negative secondary effects, the nexus between the ends sought and the means employed, or the availability of alternative measures,” Berch wrote.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Adam & Eve Reveals Results of 'Threesome' Survey

Adam & Eve has released the results of a new survey asking respondents if they’d ever had a threesome.

Motorbunny Debuts 'E-Stim' Rideable Attachment

Motorbunny has introduced the new E-Stim attachment for its sex machines.

Cere Introduces 'Diviner' Chrysanthemum-Shaped Vibrator

Pleasure brand Cere has debuted its new Diviner chrysanthemum-shaped vibrator.

Male Power Debuts 'Widow Maker' Collection

Male Power has introduced its new Widow Maker collection of men's underwear.

Williams Trading Co. Launches Pre-Black Friday Warehouse Sale

Williams Trading has launched its pre-Black Friday warehouse sale for retailers.

Orion Unveils 6 New Styles From 'Noir Handmade' Line

Orion Wholesale has introduced six new clubwear styles from its Noir Handmade line of apparel.

BasisDx Adds Comfort Collect Device to 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added the new Comfort Collecting Device to its Pro13 kit.

XBIZ Honors Retail Edition to Light Up Hollywood Roosevelt Hotel

XBIZ is pleased to announce that the pleasure industry’s biggest night, the retail edition of the annual XBIZ Honors, set for Saturday, Jan. 18, will be held at the historic Hollywood Roosevelt Hotel.

Pipedream Expands 'Anal Fantasy Elite' Collection

Pipedream Products has expanded its Anal Fantasy Elite collection with two new stimulators.

Orion Expands 'Couples Choice' Line With New '2 in 1' Vibe

Orion Wholesale has added the 2 in 1 Vibrator + Butt Plug to its Couples Choice collection of pleasure products.

Show More