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Friday, December 14, 2007

Ind. Decisions - "Judge says Spencer County can control adult business"

Referencing yesterday's COA ruling in In Plaza Group Properties, LLC, et al. v. Spencer County Plan Commission, et al. [see ILB entry here - 2nd case], the Evansville Courier & Press reports today:

Local officials' attempts to block a Spencer County adult business from operating were constitutional, the Indiana Court of Appeals has ruled.

Deciding a long-running legal dispute, the appeals court Thursday ruled against the owners of 231 Adult Plaza and in favor of Spencer County officials, who sought to block the plaza from operating as a sexually-themed business. The adult business had appealed on First Amendment free-expression grounds.

Ordinances that Spencer County officials passed that restricted adult businesses to operating no less than 1,000 feet from a home, church or school were constitutional, the appeals court found, as was a court order and permanent injunction that a Spencer County judge issued that sharply limited what activities could take place at the adult plaza.

"The evidence shows that there are at least 34 alternative sites in the Spencer County on which Plaza could operate a sexually-oriented business and comply with the 1,000-foot restriction. Therefore, because the ordinances are designed to serve a substantial government interest while allowing for reasonable alternative avenues of communication, the dictates of the First Amendment are satisfied and Plaza's challenge fails," appeals court Chief Judge John G. Baker wrote in the unanimous, 32-page decision.

The long-running legal dispute began when Spencer County officials in late 2005 sought an injunction to stop 231 Adult Plaza from operating. The adult business moved out of its main building but continued operating in an adjacent convenience store, with a gift shop selling adult novelties and a stage for exotic dancers.

The appeals court Wednesday noted that Spencer Circuit Court Judge Wayne Roell's earlier ruling does not prevent adult plaza from operating a non-sexually-oriented commercial business on the site. The adult plaza also could attempt to appeal Wednesday's decision up to the Indiana Supreme Court.

Posted by Marcia Oddi on December 14, 2007 03:47 PM
Posted to Ind. App.Ct. Decisions