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STATE v. STUMMER

No. CR-07-0429-PR.

194 P.3d 1043 (2008)

STATE of Arizona, Appellant, v. Hubert August STUMMER and Dennis Allen Lumm, Appellees.

Supreme Court of Arizona, En Banc.

October 9, 2008.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney by James P. Beene, Appeals Bureau Chief, Phoenix, and Law Office of Scott E. Boehm, P.C., by Scott E. Boehm, Phoenix, Attorneys for State of Arizona.

Richard J. Hertzberg Attorney at Law by Richard J. Hertzberg, Phoenix, Attorneys for Hubert August Stummer and Dennis Allen Lumm.

The Center for Arizona Policy by Cathi W. Herrod, Peter A. Gentala, Deborah M. Sheasby, Phoenix, Attorneys for Amicus Curiae The Center for Arizona Policy.

OPINION

BERCH, Vice Chief Justice.

¶ 1 Petitioners Hubert August Stummer and Dennis Allen Lumm were charged with violating Arizona Revised Statutes ("A.R.S.") section 13-1422 (2005), which forbids adult bookstores from remaining open during certain early morning hours. We have been asked to determine whether the hours of operation provision of § 13-1422 violates the free speech provision of the Arizona Constitution.

I. FACTS AND PROCEDURAL...

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