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7th Circuit bars Indianapolis’ hour limits on adult bookstores

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The 7th Circuit Court of Appeals in Chicago has tossed an Indianapolis ordinance limiting the business hours of adult bookstores from 10 a.m. to midnight Monday through Saturday.

In a five-page opinion issued Friday, Judge Frank Easterbrook wrote for a panel that reversed a District Court ruling in favor of Indianapolis’ ordinance in long-running litigation, Annex Books Inc, et al. v. City of Indianapolis, 13-1500. The panel ordered Judge Sarah Evans Barker of the District Court for the Southern District of Indiana to grant an injunction barring enforcement of the closure ordinance.

Easterbrook wrote the city could no more restrict the hours of an adult bookstore than it could limit the hours during which a Sunday newspaper could be distributed.

“The difference lies in the content of the reading material. Indianapolis likes G-rated newspapers but not sexually oriented books, magazines, and movies,” Easterbrook wrote, noting that in two precedent-setting U.S. Supreme Court rulings, neither “permits units of government to stop the distribution of books because their content is objectionable, unless the material is obscene.”

“Indianapolis does not contend that any of the plaintiffs sells obscene  material; it  follows that  objection to the plaintiffs’ stock in trade cannot justify closure,” the panel held.

The city failed to persuade the court that the ordinance was justified because of claims of fewer armed robberies near adult bookstores during the times they were closed.

“The current justification is weak as a statistical matter,” the panel held, noting the city didn’t control for other potentially important variables such as nearby late-night taverns. In any event, Easterbrook wrote, “The change in the number of armed robberies is small; the difference is not statistically significant. The data do not show that robberies are more likely at adult bookstores than at other late night retail outlets, such as liquor stores, pharmacies, and convenience stores, that are not subject to the closing hours imposed on bookstores.”






 

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  • fiddling
    Right well Congress is backed by the porn industry as shown by DMCA and they have legalized a veritable sewer-pipe of porn filth into every home via the internet and right into teenagers hands via smart phones so this kind of "adult bookstore" regulation is window dressing and at best spitting into the tsunami, so who cares. Interesting how fifty years ago whatever adult bookstores sold, they wouldn't generally sell homoerotic porn because it was generally considered obscene. Now that sort of sexual activity is itself the subject of "civil rights activity" my how times have changed. So much for all that original intent crap. America, they hate us for our freedoms LOL Like democracy oh wait when a blackrobe strikes down a law is that democratic or is the blackrobe the "enemy of democracy" etc etc. What a lot of doubletalk

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. 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

  3. 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

  4. 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

  5. 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.

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