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Wednesday, January 29, 2014

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

Updating this ILB report from last Sat., Jan. 25th, the Indianapolis Star reports today, in a long story by Tim Evans that begins:

A federal court has struck down an Indianapolis ordinance limiting the hours of adult bookstores, the latest in a decades-long series of local regulatory and law enforcement maneuvers taking aim at adult businesses.

The U.S. Court of Appeals for the 7th Circuit overturned a district court ruling that ­upheld a 2003 city ordinance requiring adult bookstores to be closed from midnight to 10 a.m. daily and all day on Sundays.

The federal ruling Friday came in a challenge mounted by four businesses affected by the city rules: Annex Books, Keystone Video and News, ­Lafayette Video & News and New Flicks, which is now out of business.

“This is an important victory for freedom of speech ­under the First Amendment,” said J. Michael Murray, a Cleveland attorney representing the bookstores.

“When a government singles out a business by its content, stores that sell a certain type of literature, magazines and DVDs, it implicates the First Amendment, and the city has to justify that the ordinance furthers a legitimate government interest. ... In this case, the city could not meet that burden.”

ILB: On Jan. 22nd the ILB wrote:
The ILB has lost track of the various manifestations of Annex Books (long list of entries here).
Indianapolis taxpayers paid for all that ligitation.

Posted by Marcia Oddi on January 29, 2014 09:23 AM
Posted to Ind. (7th Cir.) Decisions