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

Lifelong Merchant Services Adds New Team Members

Point of Sale (POS) provider Lifelong Merchant Services has added industry veterans Megan Abbatelli and Cam Jennings to its team.

Male Power Adds 'Spartacus' to 'Fetish' Collection

Male Power has introduced the new Spartacus design to its Fetish collection.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

Orion Introduces New Vibrator From 'Javida' Line

Orion Wholesale has debuted the new 4-Function Vibrator from its Javida line.

European Commission Posts AV Guidelines, Seeks Feedback

The European Commission has made public its draft guidelines on protecting minors online under the Digital Services Act, including age verification requirements covering adult sites and platforms.

Momentum Management Launches 'Dynamo Wellness' Brand

Momentum Management has launched its new Dynamo Wellness brand.

Adam & Eve Reveals Results of 'Sex Dream' Survey

Adam & Eve has released the results of a survey asking respondents if they have ever had a sex dream.

Tenga Debuts New 'Spinner DX' Strokers

Pleasure brand Tenga has introduced its new Spinner DX stroker sleeves.

Sex Workers' Group Fights Proposed Swedish Ban on 'Remote' Sexual Services

The European Sex Workers’ Rights Alliance (ESWA) has launched a campaign against a Swedish government proposal to expand current laws against purchasing sexual services to apply to acts performed remotely by cammers, streamers and custom content creators.

FSC: Arizona Governor Signs Controversial Age Verification Law

Free Speech Coalition has released a statement regarding Arizona Governor Katie Hobbs signing the state's age verification bill into law.

Show More