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Opinions May 8, 2018

May 8, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Brian Valenti v. Connie Lawson, et al.
17-3207
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment in favor of Connie Lawson in her official capacity as Indiana Secretary of State and the other state defendants on Brian Valenti’s claim that the state violated his right to vote by refusing to let him enter a polling site located at a school. Finds Indiana has demonstrated a rational relationship between Indiana Cdoe section 35-42-4-14(b) and the stated purpose of keeping serious sex offenders away from children on school property. Also finds the district court erred in applying a constitutional balancing test, rather than statutory rational basis review.

HH-Indianapolis, LLC v. Consolidated City of Indianapolis and County of Marion, Indiana, et al.
17-3023
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the denial of HH-Indianapolis, LLC’s motion for a preliminary injunction against the City of Indianapolis, which would have prohibited the city’s enforcement of an ordinance that prohibits “adult entertainment businesses” from operating in the zoning district where Hustler Hollywood purchased property. Finds HH has failed to establish its as-applied First Amendment claim has a better than negligible chance of success on the merits.

 

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