Arizona Constitution Requires Stricter "Secondary Effects" Inquiry, State Justices Say

The Arizona Supreme Court put some teeth into the "secondary effects" analysis when it concluded that the protections afforded to adult businesses under the state's constitution are broader than those provided by the federal constitution. 

The law that requires adult bookstores to close at 1:00 am. would almost certainly withstand a federal constitutional challenge under Renton v. Playtime Theatres, but the Justices said that the Arizona constitution requires a different analysis based on its language and scope. 

The relevant provision, Article 2 Section 6, reads: "every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.''

The Justices returned the case to the lower court for further proceedings.

-Kathleen A. Bergin