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Monday, August 24, 2009

Ind. Decisions - Annex Books and New Albany DVD still awaiting decisions; September will mark the 4th anniversaries of their oral arguments before the 7th Circuit

Here is Judge Sarah Evan Barker's August 27, 2004 opinion in Annex Books Inc, et al v. City of Indianapolis. In Annex Books, Judge Barker upheld provisions of an Indianapolis adult business ordinance.

The appeal was argued before a 7th Circuit panel of Judges Flaum, Easterbrook, and Rovner, on Sept. 8, 2005. An opinion (05-1926) has yet to be issued.

Here is Judge Barker's January 1, 2005 opinion in New Albany DVD v. City of New Albany. "Barker issued a preliminary injunction against the city on grounds that its adult-entertainment zoning ordinance — enacted after New Albany DVD had tried to open — was too broadly written" reported the LCJ at the time.

The appeal was argued before a 7th Circuit panel of Judges Easterbrook, Ripple and Rovner on Sept. 26, 2005. An opinion (05-1286) has yet to be issued.

Yes, the four-year anniversaries are approaching. Anyone have a clue as to when rulings may be expected? Are these cases in line for winning the all-time "cases awaiting decision the longest before the 7th Circuit" award?

For background on these cases, start with this ILB entry from July 4, 2008. See also this ILB entry from Oct. 19, 2004, headed "Cities battle adult stores in courts."

Posted by Marcia Oddi on August 24, 2009 01:02 PM
Posted to Ind Fed D.Ct. Decisions | Ind. (7th Cir.) Decisions