Wednesday, January 06, 2016
Ind. Decisions - "Showgirl club dealt new court loss"
Mike Marturello reports in the Kendallville KPC News in a story that begins:
The ILB reported on the Nov. 4, 2014 oral argument. It also summarized the Dec. 7th opinion: the case was titled BBL, Incorporated v. City of Angola.
ANGOLA — A request by Showgirl owners to rehear an appeal to the U.S. Court of Appeals for the Seventh Circuit was denied by the court on Tuesday.
Attorney Bradley Shafer appealed the recent decision by the Chicago-based court that denied the original appeal filed on behalf of Showgirl owners Alva and Sandra Butler. Showgirl is a stripclub group started by Alva Butler in Fort Wayne. He has been trying to open a similar club in Angola since August 2012 when he purchased the former Slider’s Bar and Grill property at 310 W. Wendell Jacob Ave.
A document filed Dec. 21 by Shafer requested the panel of three judges who heard the case in oral arguments on Nov. 4, 2014, or all of the judges on the Seventh Circuit reconsider application of a recent legal precedent set by the U.S. Supreme Court.
“On consideration of the petition for rehearing … no judge in active service has requested a vote on the petition for rehearing en banc, and all of the judges on the original panel have voted to deny rehearing,” the judges ruled late Tuesday morning.
Shafer and his associate Matt Hoffer argued that the court didn’t treat laws enacted by Angola with strict scrutiny as required with ordinances that deal with content.
On Dec. 7 the Court of Appeals ruled against Butler, upholding decisions made in U.S. District Court in January 2014. Those rulings were appealed in January 2014 and heard in oral argument on Nov. 4, 2014.
Posted by Marcia Oddi on January 6, 2016 03:01 PM
Posted to Ind. (7th Cir.) Decisions