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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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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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