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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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