ILNews

7th Circuit upholds injunction in adult-business ordinance case

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

ADVERTISEMENT