Empress Adult Video & Bookstore v. City of Tucson

In Empress Adult Video & Bookstore v. City of Tucson, 204 Ariz. 50, P13, 59 P.3d 814 (App. 2002) the primary purpose of the closing-hours requirement was to regulate the negative secondary effects of adult businesses, which "included 'increased crime and sexually oriented litter' as well as 'the negative effect on neighboring property values.'" 204 Ariz. at 59, P18, 59 P.3d at 823. The closing-hours requirement furthered these goals by limiting the time patrons were present, but the court found less restrictive means, such as increased law enforcement, had not been considered. Id. The Court found that closing-hours requirements for adult businesses were not the least restrictive means to curb the negative effects of adult speech. "Rather, the requirement bans such speech for not less than seven hours a day and, thus, during those hours, 'erects a direct barrier to communication.'" Id. at 60, P21, 59 P.3d at 824. The court in Empress concluded that a restriction may pass muster under the Arizona Constitution only if it is narrowly tailored to a greater degree than required under the United States Constitution.