1 EXHIBIT 5 [O'CONNOR CAVANAGH LETTERHEAD] The Law Offices of O'Connor, Cavanagh, Anderson, Killingsworth & Beshears A Professional Association July 14, 1999 Action Performance Companies, Inc. 4707 East Baseline Road Phoenix, Arizona 85040 RE: REGISTRATION STATEMENT ON FORM S-8 ACTION PERFORMANCE COMPANIES, INC. Gentlemen: As legal counsel to Action Performance Companies, Inc., an Arizona corporation (the "Company"), we have assisted in the preparation of the Company's Registration Statement on Form S-8 (the "Registration Statement") to be filed with the Securities and Exchange Commission on or about July 15, 1999 in connection with the registration under the Securities Act of 1933, as amended, of 500,000 shares of the Company's common stock, par value $0.01 per share, (the "Common Stock") issuable pursuant to the Company's 1999 Employee Stock Purchase Plan (the "Plan"). The shares of Common Stock issuable pursuant to the Plan are referred to as the "Shares." The facts, as we understand them, are set forth in the Registration Statement. With respect to the opinion set forth below, we have examined originals, certified copies, or copies otherwise identified to our satisfaction as being true copies, only of the following: A. The Amended and Restated Articles of Incorporation of the Company, as filed with the Secretary of State of the State of Arizona, as amended through the date hereof; B. The Bylaws of the Company, as amended through the date hereof; C. Resolutions of the Board of Directors of the Company dated January 29, 1999, reserving the Shares for issuance pursuant to the Plan; and 2 Action Performance Companies, Inc. July 14, 1999 Page 2 D. The Registration Statement. Subject to the assumptions that (i) the documents and signatures examined by us are genuine and authentic and (ii) the persons executing the documents examined by us have the legal capacity to execute such documents, and subject to the further limitations and qualifications set forth below, it is our opinion that the Shares, when issued and sold in accordance with the terms of the Plan, will be validly issued, fully paid and nonassessable. Please be advised that we are members of the State Bar of Arizona, and our opinion is limited to the legality of matters under federal securities laws and the laws of the State of Arizona. Further, our opinion is based solely upon existing laws, rules and regulations, and we undertake no obligation to advise you of any changes that may be brought to our attention after the date hereof. We hereby expressly consent to any reference to our firm in the Registration Statement, inclusion of this Opinion as an exhibit to the Registration Statement, and to the filing of this Opinion with any other appropriate governmental agency. Very truly yours, /s/ O'Connor, Cavanagh, Anderson, Killingsworth & Beshears, P.A. 2