State v. Direct Sellers Association

HAYS, Chief Justice.

This action was brought under A.R.S. § 12-1832 by the Direct Sellers Association against the state of Arizona for the purpose of obtaining a declaratory judgment, holding that A.R.S. §§ 44-5001 to 44-5008 are unconstitutional. The Superior Court, on a motion for summary judgment, declared the sections unconstitutional, and the state appealed. Upon request, pursuant to Rule 47(e), Rules of the Supreme Court, 17 A.R.S., we ordered the case transferred to this court from the Court of Appeals.

A.R.S. §§ 44-5001 to 44-5008 were enacted in May, 1970. The avowed purpose of the…