Legal Opinion

State v. Mutschler

Court of Appeals of Arizona

Decided April 1, 2003No. 1 CA-CR 02-0002, 1 CA-CR 02-0003, 1 CA-CR 02-0004, 1 CA-CR 02-0005PublishedCited by 5 opinions

1Opinion of the Court

OPINION

IRVINE, Judge.

¶ 1 The sole issue on appeal is whether Phoenix City Code (“P.C.C.”) § 23-54 (1999) as written at the time of the defendants’ convictions was unconstitutionally vague and/or overbroad. 1 For the following reasons, we find the ordinance was neither vague nor overbroad and we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 The defendants were convicted in Phoenix City Court for violating P.C.C. § 23-54. Section 23-54 prohibits persons from operating live sex act businesses. A “live sex act business” is defined as “any business in which one or more persons may view, or may…

2Cases cited9 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
  4. State v. McLambCourt of Appeals of Arizona · 1996
  5. State v. AlawyCourt of Appeals of Arizona · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. McDermottCourt of Appeals of Arizona · 2004
  2. Mutschler v. City of PhoenixCourt of Appeals of Arizona · 2006
  3. State v. FreitagCourt of Appeals of Arizona · 2006
  4. State of Arizona v. Earl Jefferson CausbieCourt of Appeals of Arizona · 2016
  5. State v. LindnerCourt of Appeals of Arizona · 2010

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