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7th Circuit mulls adult-business laws

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Indiana Lawyer Rehearing

The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.

Attorneys appeared before a three-judge panel Sept. 20 to argue the 7-year-old case of Annex Books, et al. v. City of Indianapolis, Ind., No. 1:03-CV-918, which U.S. District Judge Sarah Evans Barker ruled on in December 2009.

The case had been remanded after the 7th Circuit heard arguments in 2005. The appellate court had affirmed Judge Barker’s judgment regarding the licensing procedures set out in the ordinance but reversed on whether any substantive First Amendment issues existed. The appellate court had ordered an evidentiary hearing, and she examined whether any secondary effects were created by the ordinance that required the plaintiffs to close between midnight and 10 a.m. The judge found the city’s evidence to date is likely insufficient to meet the standard or justify the ordinance, and Indianapolis appealed that preliminary injunction.

Corporate attorney Justin Roebel for Indianapolis argued that Judge Barker created a new standard and shouldn’t have weighed the evidence, and should not be turning this case into what he described as a “battle of experts.” The city doesn’t need to provide localized evidence but can use outside-the-state data, even if it’s from much larger cities such as New York and Reno that have different demographics.

The 7th Circuit judges pressed the attorneys about the data being relied on in this case, criticizing it as being outdated and not adequate to compare the effects of the ordinance.

Plaintiff’s attorney J. Michael Murray agreed the evidence wasn’t technically clear but that it logically showed an increase in crime rather than what the city said the ordinance effect would be. Murray said more conclusive and “statistically significant” data would be presented at trial for a permanent injunction, but Roebel argued that a trial isn’t the standard and the plaintiff’s data currently isn’t adequate to be relied on.

Chief Judge Frank Easterbrook questioned that data and said this is a case that doesn’t have clear guidance. In response to an initial statement from Murray about how the previous 7th Circuit ruling from last year created a “template” for Judge Barker to use, Chief Judge Easterbrook opined about how unclear this issue is for the trial court to determine.

“I think that might be overstating the extent to which our opinion can be said to be a ‘template’ … There’s a whole passage in there that says we appreciate that we’re remanding with a completely fuzzball standard and aren’t entirely sure what it means,” he said. “But that’s what the Supreme Court has said.”

The panel took the case under advisement.
 

Rehearing "City stopped from enforcing adult-business law" IL Daily Dec. 3, 2009

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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