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Tuesday, April 05, 2005

Ind. Decisions - Regulation of Indy adult entertainment operations

The Indianapolis Star has an editorial today on an opinion issued last week by United States District Judge Sarah Evans Barker:

[I]n a ruling last week allowing the city to regulate certain aspects of adult entertainment operations, Barker gave the city much of what it wanted. The judge upheld restrictions on hours of operation and a ban on doors of booths in X-rated stores, where police say illicit sexual activities take place.

Barker said the city met its burden of showing that adult businesses spawn enough crime to warrant the restrictions.

Although adult bookstores involved in the litigation found an expert witness who claimed criminal activity doesn't appreciably increase in neighborhoods around the businesses, Barker said she found reports of actual police runs to adult bookstores much more "compelling."

At best the businesses attract unsavory characters to neighborhoods. At worst, they spawn prostitution, lewd activity and other crimes.

Unfortunately, Barker stopped short of allowing inspectors unrestricted access to adult bookstores without notice during business hours. She said it would violate constitutional restrictions against warrantless searches. An inability to fully inspect the businesses during unannounced visits makes it difficult to determine if illicit back-room activity is taking place.

Nevertheless, the judge has given the city a valuable tool in placing sensible restrictions on the hours and activities of businesses that many people in this community would prefer didn't exist in the first place.

The opinion is not yet available on the SD Indiana website.

Posted by Marcia Oddi on April 5, 2005 12:08 PM
Posted to Ind Fed D.Ct. Decisions