Arkansas State Board of Pharmacy v. Troilett

Lyle Brown, Justice.

The Arkansas State Board of Pharmacy, by petition in chancery, sought to enjoin the dispensing of rubber prophylactics (condoms) from vending machines located in four filling stations in Conway, operated by Anthony Troilett and his co-defendants, appellees here. The merchants defended on the ground that Act 189 of 1943, the prophylactic law, is unconstitutional. The chancellor held Act 189 constitutional but denied the injunction “because of the criminal section of the Act and further because of the difficulty in the enforcement of the injunction.” We are asked to pass on…