Erwin V. State Of Nevada

Per Curium: Appellant Gerald Erwin owns and operates a telephone sports information service to which customers subscribe and then call in for information at their convenience. In 1993, the legislature amended Chapter 599B, Nevada Revised Statutes, entitled "Solicitation by Telephone," to require telephone solicitors to register their business with the State, pay an annual fee of $6,000, and post a $50,000 bond. The Attorney General informed Erwin that the statute applied to his business practices. Erwin sought equitable relief and filed a complaint, claiming that Chapter 599B did not apply to his business and that its application violated his constitutional rights. The State filed a countermotion to dismiss. After a hearing, the district court dismissed Erwin's complaint and granted the State's countermotion. On appeal, Erwin argues that Chapter 599B does not apply to him and that its application to his business activities violates his constitutional rights of free speech, equal protection, and due process.