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Saturday, January 25, 2014

Ind. Decisions - 7th Circuit reversed Annex Books yesterday, the oral argument was the week before

On Jan. 22, the ILB posted that oral argument had been heard Jan. 15th in the long-fought case of Annex Books v. City of Indianapolis. Yesterday, Jan. 25th, the opinion was issued.

In Annex Books v. City of Indianapolis (SD Ind., Barker), a 5-page opinion, Judge Easterbrook writes:

The Supreme Court has held that state and local governments may regulate adult establishments by using time, place, and manner restrictions to reduce the secondary effects of those businesses on third parties, but may not regulate them to restrict the dissemination of speech disapproved by local residents. Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); see also, e.g., Illinois One News, Inc. v. Marshall, 477 F.3d 461, 463 (7th Cir. 2007).

Indianapolis requires adult bookstores to remain closed between the hours of midnight and 10 a.m. every day, and all day Sunday. Other retail businesses are not subject to these restrictions. In earlier rounds of this litigation, Indianapolis contended that closure would curtail secondary effects, but we concluded that the evidence it offered was weak, contested in material respects, or concerned different kinds of businesses or different kinds of laws, such as minimum distances between adult outlets rather than closure. See 581 F.3d 460 (7th Cir. 2009); 624 F.3d 368 (7th Cir. 2010). The district court then held a trial. Indianapolis gave a single justification: fewer armed robberies at or near adult bookstores. The district court found this adequate and entered judgment for the City. 926 F. Supp. 2d 1039 (S.D. Ind. 2013). * * *

The judgment of the district court is reversed, and the case is remanded with instructions to enter an injunction against enforcement of the closure ordinance.

Posted by Marcia Oddi on January 25, 2014 09:54 AM
Posted to Ind. (7th Cir.) Decisions