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City stopped from enforcing adult-business law

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A federal judge has granted a preliminary injunction to an adult bookstore in Indianapolis, temporarily stopping the city from enforcing a 2002 ordinance that regulates adult businesses.

In the six-year-old case of Annex Books , et al. v. City of Indianapolis, Ind., No. 1:03-CV-918, U.S. District Judge Sarah Evans Barker in the Southern District's Indianapolis Division issued the latest ruling Dec. 1 in a case asking whether local rules violate the bookstore's constitutional free-speech rights.

She had upheld the ordinance in 2004, and it went to the 7th Circuit Court of Appeals, which heard arguments in 2005 but didn't issue a decision on the case until Sept. 3 this year. The appellate court affirmed Judge Barker's judgment regarding the licensing procedures set out in the ordinance but reversed on whether any substantive First Amendment issues exist. The appellate court remanded the case for an evidentiary hearing, which Judge Barker conducted Nov. 25.

In her 15-page order, Judge Barker restrained the city from enforcing the ordinance against Annex Books until a final decision is made on the First Amendment issue.

She wrote that in order to meet its burden set out by the 7th Circuit, the city must show that adult entertainment businesses without facilities for on-premises viewing create the same secondary effects as establishments providing those services and that the revised ordinance requiring plaintiffs to close between midnight and 10 a.m. has "the purpose and effect of suppressing secondary effects, while leaving the quantity and accessibility of speech substantially intact."

Judge Barker found that the city's evidence to date is likely insufficient to meet that burden and justify the ordinance.

"Considering the significant harm to Plaintiffs' free speech rights if the injunction is not issued, we find that the narrow segment of decreased crime during enforcement of the revised ordinance that the City has been able to demonstrate at this stage in the proceedings is insufficient to tip the balance in its favor," she wrote. "Accordingly, we find that, at this stage in the proceedings, Plaintiffs have demonstrated at least some likelihood of success 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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