State v. Stummer

194 P.3d 1043 (2008)

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State v. Stummer

Arizona Supreme Court
194 P.3d 1043 (2008)

DC

Facts

In an effort to curb crime and litter stemming from the operation of adult bookstores, Arizona passed Section 13-1422, a regulation requiring the stores to close daily in the early morning hours. Stummer and Lumm (defendant) were charged with violating Section 13-1422. At trial, the state did not present any evidence that there was more crime or litter resulting from the overnight operation of adult bookstores. The trial court dismissed the charges after finding that Section 13-1422 violated the free-speech clause of the Arizona Constitution, and the state (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Berch, J.)

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