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7th Circuit upholds injunction in adult-business ordinance case

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The 7th Circuit Court of Appeals agreed with a Southern District of Indiana judge who granted a preliminary injunction preventing Indianapolis from enforcing the 2002 ordinance that regulates adult-bookstore business hours.

After hearing arguments Sept. 20 in Annex Books, Inc., et al. v. City of Indianapolis, Ind., No. 09-4156, the federal appellate court issued a per curium opinion today upholding U.S. District Judge Sarah Evans Barker’s preliminary injunction. Judge Barker heard the case on remand from the 7th Circuit after the appellate court concluded the city of Indianapolis needed evidence about the effects of the law it enacted that required adult bookstores to be closed certain hours of the day.

At a hearing before the District Court, Indianapolis offered one piece of evidence: a study that said dispersing adult stores that sell items for off-site reading or viewing reduced crime in Sioux City, Iowa. But this article didn’t support Indianapolis’ position because it deals with dispersal instead of an hour-of-operation ordinance. The study also didn’t attempt to control for other variables.

The adult bookstores offered the arrest data from Indianapolis near its stores that showed the number of arrests didn’t decrease once the ordinance took effect. These numbers weren't subjected to statistical analysis, but the Circuit judges found they imply that the change in business hours didn’t produce any measurable benefit.

The Circuit judges also suggested the parties devote their energies to compiling information from which a reliable final decision may be made following a trial on the merits.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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