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EMPRESS ADULT VIDEO AND BOOKSTORE v. TUCSON

No. 2 CA-CV 2000-0079.

59 P.3d 814 (2002)

204 Ariz. 50

EMPRESS ADULT VIDEO AND BOOKSTORE, an Arizona corporation; Osco Communications Group, Inc., an Arizona corporation, Plaintiffs/Appellants, v. CITY OF TUCSON, a municipal corporation, Defendant/Appellee, and State of Arizona, Intervenor/Appellee.

Court of Appeals of Arizona, Division Two, Department B.

November 27, 2002.

Attorney(s) appearing for the Case

Meehan & Associates, By Michael J. Meehan, Tucson, for Plaintiffs/Appellants.

Thomas J. Berning, Tucson City Attorney, By David L. Deibel, Tucson, for Defendant/Appellee.

Janet Napolitano, Arizona Attorney General, By H. Leslie Hall and Thomas J. Dennis, Phoenix, for Intervenor/Appellee.

OPINION

DRUKE, Presiding J.

¶ 1 Appellants Empress Adult Video and Bookstore and Osco Communications Group (collectively, Empress) operate an adult-oriented business that principally sells and rents nonobscene, sexually explicit materials and predominantly features nonobscene, sexually explicit live performances.1 As a result, A.R.S. § 13-1422, in conjunction with A.R...

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