Sandhill Amusements v. State

*365HUNTER, Robert C., Judge,

dissenting.

In reversing the trial court’s order the majority relies on Hest Technologies, Inc. v. State, _ N.C. App. _, _, _ S.E.2d _, _, (March 6, 2012) (No. COA 11-459), where this Court held that N.C. Gen. Stat. § 14-306.4 (2011) is void for being unconstitutionally overbroad. In a dissenting opinion in Hest Technologies, I concluded N.C. Gen. Stat. § 14-306.4 regulated conduct rather than speech and the statute was not unconstitutionally overbroad. Id. at _, _ S.E.2d at _ (Hunter, J., dissenting).

Plaintiffs appeal from the trial court’s order granting the State’s…