SCOTUS rejects 3 Indiana cases

The Supreme Court of the United States on Monday declined to review a ruling that struck down Indianapolis’ limits on the hours that adult bookstores can operate.

Indianapolis v. Annex Books, Inc., et al., 13-1441, was among cases denied certiorari Monday. In January, the 7th Circuit Court of Appeals struck down the city ordianance that limited the business hours of adult bookstores to 10 a.m.-midnight Monday through Saturday.

The 7th Circuit reversed Judge Sarah Evans Barker of the U.S. Court for the Southern District of Indiana, who had upheld the city’s regulations.

Writing for the 7th Circuit panel, Judge Frank Easterbrook wrote that the city could no more regulate an adult bookstore than it could limit the hours in which a Sunday newspaper could be distributed. The city’s argument that crime was lower when the bookstores were closed also failed.

“The current justification is weak as a statistical matter,” the 7th Circuit panel held. “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.”

Justices also denied granting cert petitions in these cases:

• Kendale L. Adams, et al. v City of Indianapolis, 14-158. Justices let stand the 7th Circuit’s grant of summary judgment for the city on lawsuits brought by black officers over the promotion process used by the Indianapolis Metropolitan Police Department and the Indianapolis Fire Department.
• Nora Chaib v. State of Indiana, 13-1680. The court did not disturb the 7th Circuit’s ruling that a District Court had correctly granted summary judgment to Nora Chaib, a former Department of Correction worker, on employment discrimination and retaliation claims.