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ARIZONA SUPREME COURT GO AGAINST ADULT BOOKSTORES IN PHOENIX
By: Keith Witchka, Staff Writer - 10-13-08 12:00 a.m. PDT
The Arizona Supreme Court Reverses the lower court's decision in State of Arizona vs. Stummer and Lumm
It has been so ordered that the lower court must seriously scrutinize state law pertaining to restrictions on business hours of Adult Bookstore establishments.
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The Arizona Supreme Court has reversed the rulling cast by the lower court to dismiss the charges against two Adult Bookstore owners who were prosecuted for violating a state law that restricted (the grandfather clause) in their business hours.
In the Arizona Supreme Court's opinion which was written by Arizona Supreme Court Vice Chief Justice Rebecca White Berch,, "In State of Arizona vs. Stummer and Lumm, 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."
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Hubert August Stummer and Dennis Allen Lumm were originally charged for violating Arizona Revised Statutes Law 13-1422 (A), which states, 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. That was what prosecuters charged Stummer and Lumm with. The law states that "It forbids adult bookstores from remaining open during certain early morning hours,” Under that law.
Stummer and Lumm were charged and convicted in Maricopa County Superior Court.
They appealed the decision in 2007 and won on the argument that another court had found the Arizona law that was being enforced to be unconstitutional.
Justice Berch wrote in her opinion that the high court justices did in fact consider whether or not adult businesses caused “increased prostitution and sexually oriented litter in the surrounding communities.”
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It also seems that the Supreme Court of Arizona wants to make sure that the law is crystal clear. The Supreme Court has set up a three-pronged test that will guide the trial court.
How to decide whether the hour restrictions are constitutional under Arizona law.
The lower court should also 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,”. This came personally from Justice Rebecca White Berch.
We wonder how other adult bookstores in the Arizona state area are handling this ruling. With every major city, you will find adult bookstores who serve a purpose for their community.
Here is a list of the Adult Bookstores currently operating in the Arizona state area:
Adult Shoppe (2 Locations)
Theater, Previews and an Arcade
Locations No.1:
2345 W. Holly Avenue
Phoenix (602-253-7126)
And
Location No.2:
Adult Shoppe
Location:
111 S. 24th Street
Phoenix (602-306-1130)
Book Cellar (3 Locations)
Open 22 hours,
Closes for cleaning from 3 a.m. to 5 a.m.
All locations have on-site Arcades booths.
Grand Avenue location has a Big Screen Theater
Must be 19 years old To Enter. Unlike other locations at accept 18 and Over.
Location No.1:
1838 E Grand Avenue
Phoenix (602-252-6446)
Location No 2:
Book Cellar
6527 N 59th Avenue
Glendale (623-939-3411)
Location No. 3:
Pleasure World
This store is a newsstand with an Adult Store in the back.
You must be 18 to get into the adult store portion.
Used and New Books and Magazines, Trading Cards.
4230 N. 7th Avenue
Phoenix (602-279-3910)
Castle Megastore (4 Locations)
All four locations are open 24 hours
They also sell some of the hottest Lingerie on the market.
Locations No.1
5501 E. Washington Street
Phoenix (602-231-9837)
Location No.2:
300 E. Camelback Road
Phoenix (602-266-3348)
Location No.3:
8802 N. Black Canyon Highway
Phoenix (602-995-1641)
Location No 4:
8315 E. Apache Trail
Mesa (480-986-6114)
Fascinations (5 Locations through out Phoenix)
They also sell some of the top of the lines in lingerie.
Hours of Operation: 8 a.m. to 1 a.m., Mondays through Saturdays
12:00 p.m. to 12:00 a.m. on Sundays
Location No.1
10242 N. 19th Avenue
Phoenix (602-943-5859)
Location No. 2:
838 W Elliot Road
Tempe (480-222-0040)
Location No.3:
411 S Mill Avenue
Tempe (480-237-0167)
Location No.4:
16428 N. 32nd Street
Phoenix (602-482-3633)
Location No.5:
1811 W. Bell Road
Phoenix (602-548-3060)
John's on 27th Avenue
Adult DVD'S, Novelties, Magzines, Lotions and Arcades.
Open 24/7
Location2307 N. 27th Avenue
Phoenix (602-269-3620)
Just for Fun
Hours of Operation: 8:00 a.m. to 1:00 a.m. Monday through Saturday
12:00 p.m. to 1:00 a.m on Sundays
Location: 2202 W. McDowell Road
Phoenix (602-256-7677).
Modern World
Open 24 hours.-DVD's, Novelties, and Arcades.
Location
1812 E. Apache Trail
Tempe (480-967-9052)
Night Life Video & Boutique
Adult Video Sales and Rentals, Catalog features from 9.95 to 19.99 and Up
Novelties and Magazines.
Hours of Operation: 10 a.m. to 11 p.m.Monday-Thursday
10 a.m. to 1 a.m.Friday and Saturday
12:00 p.m. to 11 p.m. Sundays
Location: 9108 N. Cave Creek Rd
Phoenix. (602-944-6487)
Pleasure World
Open 22 hours, They close down for Cleaning from 3 a.m. to 5 a.m.
DVD's, Videos, Arcades and three big screen theaters.
Must be 19 years old to get in.
Location: 4029 E. Washington
Phoenix (602-275-0015)
Secrets…for Adults Only
DVD's, Intimate Apparel, Massage oils, Lubricants, Male Enhancers
Sensual Toys and Novelties and Books
Locations: 5021 W. Indian School Road
Phoenix. (623-245-3008)
Stevi Secrets
Open 24 hours.
A Huge theater and a Cabaret
Location: 3420 S. Central Avenue
Phoenix (602-305-8365)
Smokin' Lingerie
They also have a smoke department
Location: 1450 N. Scottsdale Road
Scottsdale (480-941-5234)
Zorba's
Open 24 hours.
Location: 2924 N Scottsdale Road
Scottsdale (480-941-9891)
Stay tuned to JRL as we continue to cover this case and other cases similar around the country. Your retail business should be allowed to operate within the guide lines of the law without any parties personal views or opinions trying to sabotage your business. You are providing a service, jobs, revenue for both land owners, property owners as well as city and state taxes. Let's not even talk about Federal.
