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

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Full Circle Introduces 'Be Savage' Apparel Collection

Full Circle Distribution has debuted the new Be Savage collection of lingerie, dresses, and accessories.

Blush Debuts 'Quantum X' Stroker From 'M for Men' Line

Blush has introduced the new Quantum X thrusting stroker from its M for Men line.

Angel Bermudez of Evolved Novelties Passes Away at 52

Angel Bermudez, a valued and integral member of the sales team at Evolved Novelties, passed away on Saturday, Dec. 14, at his home in Miami. He was 52.

Satisfyer, Kourtney Kardashian's Poosh.com Partner on Celebrity VIP Gift Box

Satisfyer has partnered with Kourtney Kardashian’s lifestyle site, Poosh, which will include the pleasure brand's Satisfyer Pro 2 Generation 2 Air Pulse Vibrator in the Poosh Celebrity VIP Gift Box.

Honey Play Box, Inspired Partner for 'To Write Love on Her Arms' Campaign

Honey Play Box and Inspired, a Shopify app, have partnered to raise funds for the To Write Love on Her Arms (TWLOHA) charity.

Sexual Wellness Brand Arya Raises $8.5 Million

The upstart sexual wellness brand Arya has raised $8.5 million from investors, which the company will use to grow its user base.

We-Vibe, Womanizer Highlighted in Goop's Annual Gift Guide

Lovehoney Group's We-Vibe and Womanizer lines are highlighted in this year's Holiday Gift Guide from Gwyneth Paltrow’s lifestyle website Goop.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Show More