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Wednesday, June 20, 2007

Ind. Decisions - Ruling in: Spencer County adult business ordered to close

This ILB entry from May 22nd quoted Kate Braser of the Evansville Courier & Press as reporting:

A judge is deciding whether owners of an adult business in Spencer County will be forced to pay thousands of dollars in fines for allegedly remaining open, despite a court order to shut down.
Today a brief AP story that appears in a number of paper reports begins:
ROCKPORT, Ind. - A judge has fined the owners of a southern Indiana adult bookstore and lounge $30,000 for violating a county ordinance limiting the operation of a sexually oriented business.

The law defines a sexually oriented business as one in which sexual material makes up more than 35 percent of the merchandise or accounts for more than 35 percent of the store's revenue. An injunction against the Love Boutique in March did not order the business closed, but a lawyer representing the county argued that it was in contempt for violating the limits.

Spencer Circuit Judge Wayne Roell ruled Monday that because dancers appeared nude or seminude in the lounge, the business was in contempt for repeated failure to abide by the terms of the ordinance. The ruling allows the Love Boutique to remain open as long as it does not operate as a sexually oriented business. Roell also said the fines would increase with further violations.

This seems odd, because a long list of earlier stories cited by the ILB reported that the judge had ordered the business to close immediately. For instance, this report in the C&P from March 13th states:
Throughout the case, attorneys representing Adult Plaza argued the county's zoning ordinance barring adult businesses from operating within 1,000 feet of churches, schools and residences is unconstitutional.

In his ruling, Roell rejected that claim, writing, "Adult businesses have not been denied a reasonable opportunity to open and operate. The regulations restricting operations within 1,000 feet of a residence are valid." * * *

Wetherill said county officials are monitoring the business to make sure owners comply with the court order to shut down.

While the court decision forces the adult entertainment center's main building and convenience store building to close immediately, an adult motel on the same property likely will remain open until an upcoming hearing, Wetherill said.

The ILB attempted to obtain a copy of Judge Roell's opinion at the time it was issued, but was unsuccessful. The ILB is attempting to clarify the closure issue.

Posted by Marcia Oddi on June 20, 2007 07:43 AM
Posted to Ind. Trial Ct. Decisions