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Friday, December 19, 2008

Ind. Law - "New Albany will tighten adult-club regulations"

Grace Schneider reports today in the Louisville Courier Journal:

With about 40 members of an anti-pornography group looking on last night, New Albany City Attorney Shane Gibson told the city council that he has enlisted a legal expert to help draft a new ordinance to help tighten regulation of adult-entertainment businesses.

While a new ordinance might not prevent the continued operation of a controversial gentleman's club that opened recently, an updated ordinance would toughen regulations on similar businesses looking to locate in New Albany, Gibson said. * * *

The city hasn't attempted to enforce a 2001 ordinance aimed at regulating adult-entertainment clubs because Gibson said he didn't think several of its provisions, including a $5,000 licensing fee for managers and dancers, were legally enforceable.

The ordinance was drafted seven years ago amid fears that adult businesses thriving in Louisville would "spread" into Southern Indiana, Gibson said.

Gibson promised to provide compact discs packed with information for council members in the next week so they can review court cases and other legal issues surrounding the regulation of such establishments.

Council President Jeff Gahan asked members Bob Caesar, Diane Benedetti and Kevin Zurschmeide to serve on a committee to review and comment on the development of the ordinance.

During the meeting, Bryan Wickens, a New Albany lawyer who is president of ROCK, praised the city for starting the effort.

He said he and other members of the group would gladly work behind the scenes to help craft a sound ordinance that could withstand court tests.

The city is still fighting a legal battle stemming from a separate ordinance dealing with adult bookstores and movie venues. An ordinance was adopted in 2004 in an attempt to block the opening of New Albany DVD, which sold videos and other items on West Main Street.

But the business, now called Cleopatra's Adult Bookstore, has been allowed to remain open after a federal judge issued an injunction against the city to prevent it from trying to close the store, saying the city's zoning ordinance was too broad.

The case is on appeal before the 7th U.S. Circuit Court of Appeals in Chicago.

The case, New Albany DVD v. City of New Albany, was argued before the 7th Circuit on Sept. 27, 2005. Judge Sara Evans Barker issued the district court opinion on Jan. 6, 2005

But, as noted in this comprehensive ILB entry from July 4, 2008:

[There is] another Judge Barker ruling - Annex Books Inc, et al v. City of Indianapolis - that is even older, from August 30th, 2004 -- see this ILB entry from Sept. 7, 2004. (Court of Appeals Docket #: 05-1926) Oral arguments in the as-yet-to-be-decided case were held before Judges Flaum, Easterbrook, and Rovner, on Sept. 8, 2005.

Posted by Marcia Oddi on December 19, 2008 09:59 AM
Posted to Indiana Law