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 © 2025 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

'Groove Thing' Sets Kickstarter Funding Record for Insertable Pleasure Product

Groove Thing, an insertable pleasure product that plays audio, has set a funding record on Kickstarter.

Nalpac/Entrenue, Ohdoki Sign Distro Deal for 'The Handy'

Nalpac/Entrenue has inked an exclusive U.S. distribution deal with Ohdoki Products for The Handy.

Onahole Debuts New 'Miss Boss Cup' Stroker

Pleasure brand Onahole has introduced its new Miss Boss Cup stroker.

ProDx Health Introduces 'Trust 1' HPV Test

ProDx Health has introduced its new Trust 1 Home Collection Kit for HPV testing.

Eye of Love Debuts 'Pheromone Roll-On Duo' From Bloom Line

Eye of Love has introduced the Pheromone Roll-On Duo fragrance set from its Bloom collection.

Full Circle Releases 'Grinders' Collection

Pleasure brand Full Circle has debuted its new Grinders collection of discreet vibrators.

Doc Johnson, Polynesian Pleasures Ink Distro Deal

Pleasure brand Polynesian Pleasures has signed a deal with Doc Johnson for global distribution.

Sydney Screams, Creature Feature Toys & Tailends Studios Launch Limited Partnership

Sydney Screams, Creature Feature Toys, and Tailends Studios have launched a one-month campaign to produce customizable dildos, with some proceeds benefiting SWAID Collective.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Sexpo Australia Founder Launches SexEx

Sexpo Australia founder David Ross has launched his new adult lifestyle expo, SexEx.

Show More