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SCOTUS declines New Albany ordinance case

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The Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult book and movie store.

Denying a writ of certiorari request in New Albany v. New Albany DVD LLC, No. 09-1027, the nation’s top justices declined to accept a case from the 7th Circuit Court of Appeals. The SCOTUS allowed the Indiana Family Institute and International Municipal Lawyers Association to file amicus briefs in the case, but denied the petition for writ of certiorari. This was the second case the justices declined to take from Indiana last week.

That means a 7th Circuit decision from September remains in place; the city must present clear evidence that the adult bookstore is causing excessive litter, crime, or other problems before it can impose additional restrictions on its operations. The store can remain open pending a hearing on those issues. Judge Sarah Evans Barker in Indianapolis had ruled against the city, granting an injunction that stopped New Albany from enforcing its ordinance and allowing the store to remain open.

 

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  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

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  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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