Board, Dental Examiners, Ala. v. Franks

BRADLEY, Judge.

This is an appeal from the trial court’s issuance of a temporary injunction.

This action began when Dr. James Franks (Franks), a duly licensed dentist, filed a complaint for declaratory judgment which alleged that Act 85-697 was unconstitutional. The complaint further alleged that the members of the Board of Dental Examiners (Board) were engaged in the arbitrary, capricious, unequal, and discriminatory enforcement of that provision of Act 85-697, now section 34-9-19(c)(10), Code 1975, which provides: “(10) All advertisements shall contain, in legible print, the following…