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Hard Work Pays Off 12/6/2007 The Arizona Court of Appeals upheld the state law restricting the hours sex businesses can remain open. Antiphanes, the fourth century playwright, once said, "Everything yields to diligence." Concerned Women for America (CWA) of Arizona saw this played out in their state recently as the Arizona Court of Appeals upheld the state law restricting the hours sex businesses can remain open. CWA of Arizona Legislative Liaison Norma Odisio said, "As far back as 1991, CWA has addressed the Legislature with our concerns that effects of adult-oriented entertainment establishments propagate drug abuse, prostitution, noise, traffic and litter."
The diligence of CWA and other pro-family organizations in Arizona paid off when, on November 27, the three-judge panel of the Arizona Court of Appeals unanimously voted to automatically reinstate charges against the owners of two Phoenix bookstores. The law, Senate Bill 1162, requires that adult theaters, adult bookstores, adult video stores, escort agencies and similar businesses close between 1 a.m. and 8 a.m. Monday through Saturday and 1 a.m. to 12 p.m. on Sunday.
Concerned Women for America applauds this decision, as it allows law enforcement to continue combating the detrimental effects these businesses have in communities where they operate. Since its inception in 1998, this law has been fought aggressively by sex business lawyers filing lawsuits in both state and federal courts. In 2002, Division Two of the Arizona Court of Appeals ruled that part of the law was unconstitutional under the Arizona Constitution. However, the new state Court of Appeals ruling explicitly rejects the November 2002 ruling, paving the way for Maricopa County Attorney Andrew Thomas to proceed with his charges against two sex business owners for remaining open between 1 a.m. and 8 a.m.
According to CWA of Arizona State Director Sally Mikesell, "It is imperative that cities elect officials who enforce laws designed for safe communities and judges that uphold the laws. Citizens can no longer be passive about matters in their cities, but must take an active stand to keep their cities safe." Jan LaRue, former Chief Counsel for CWA, says, Families "should move to restrict against adult businesses before they show up at the front door." La Rue warns, "It takes … obscenity enforcement to do the job against smut sellers."
CWA praises the decision of the Arizona Court of Appeals and encourages citizens to remain diligent even when the battle seems long and unfruitful. Citizens must keep working to see that family-friendly laws are passed and then enforced, for in the end, "everything yields to diligence."
Sally Mikesell serves as State Director of Concerned Women for America of Arizona
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