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Tuesday, February 13, 2007

Ind. Decisions - 7th Circuit issues interesting non-Indiana decision re location of an "adult business"

The case is Illinois One News v. City of Marshall Illinois. The opinion is written by Chief Judge Easterbrook. Some quotes:

Large cities such as Chicago can insist that adult businesses stay away from residential areas and schools, while leaving plenty of land for their operation. But if it is constitutional for Chicago to insist that these businesses move a mile or two to find a suitable spot, why can’t Marshall insist that The Gift Spot move a few hundred yards? The answer “because Marshall is so small that even a short move will place us outside its borders” falls flat. Suppose all county seats in rural Illinois were two miles square (four square miles), while equivalent cities in Indiana were six miles square (36 square miles). Could it be that the Constitution would allow Indiana’s cities to establish 2,000 foot (or 5,000 foot) buffer zones between residential areas and adult businesses, while Illinois’s cities could not have more than 200 feet of separation? That’s the gist of Illinois One’s argument, and it makes little sense given that the same first amendment applies in both Illinois and Indiana.
[More] See this entry on the case from the Decision of the Day blog.

Posted by Marcia Oddi on February 13, 2007 12:57 PM
Posted to Ind. (7th Cir.) Decisions