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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The 7th Circuit judges pressed the attorneys about the data being relied on in this case, criticizing it as being outdated and not adequate to compare the effects of the ordinance.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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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