IBJNews

Court bars Indianapolis’ hour limits on adult bookstores

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals in Chicago has tossed an Indianapolis ordinance limiting the business hours of adult bookstores from 10 a.m. to midnight Monday through Saturday.

In a five-page opinion issued Friday, Judge Frank Easterbrook wrote for a panel that reversed a District Court ruling in favor of Indianapolis’ ordinance in long-running litigation, Annex Books Inc, et al. v. City of Indianapolis. The panel ordered Judge Sarah Evans Barker of the District Court for the Southern District of Indiana to grant an injunction barring enforcement of the closure ordinance.

Easterbrook wrote the city could no more restrict the hours of an adult bookstore than it could limit the hours during which a Sunday newspaper could be distributed.

“The difference lies in the content of the reading material. Indianapolis likes G-rated newspapers but not sexually oriented books, magazines, and movies,” Easterbrook wrote, noting that in two precedent-setting U.S. Supreme Court rulings, neither “permits units of government to stop the distribution of books because their content is objectionable, unless the material is obscene.”

“Indianapolis does not contend that any of the plaintiffs sells obscene  material; it  follows that  objection to the plaintiffs’ stock in trade cannot justify closure,” the panel held.

The city failed to persuade the court that the ordinance was justified because of claims of fewer armed robberies near adult bookstores during the times they were closed.

“The current justification is weak as a statistical matter,” the panel held, noting the city didn’t control for other potentially important variables such as nearby late-night taverns. In any event, Easterbrook wrote, “The change in the number of armed robberies is small; the difference is not statistically significant. The data do not show that robberies are more likely at adult bookstores than at other late night retail outlets, such as liquor stores, pharmacies, and convenience stores, that are not subject to the closing hours imposed on bookstores.”

ADVERTISEMENT

  • Well, Shane...
    ...not that I frequent such places, but you'd be surprised at just how many of these adult bookstores still operate in the metro area. No different that any other big city, really.
  • Adult Bookstores?
    Has Indianapolis ever HAD a problem with adult bookstores?? I can't even imagine that there are any still open in the metro area. Where are all of these s"seedy" places that we all need protecting from....asking for a friend..... ha
  • Maria
    Couldn't agree more. Indiana trying to bill itself as fiscally conservative is a joke.
  • waste of money
    How much money does our city and state waste each year defending unconstitutional laws?? We always claim there is never any money for things, but there is always money for junk like this.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. So much for Eric Holder's conversation about race. If white people have got something to say, they get sued over it. Bottom line: white people have un-freer speech than others as a consequence of the misnamed "Civil rights laws."

  2. I agree, having seen three shows, that I was less than wowed. Disappointing!!

  3. Start drilling, start fracking, and start using our own energy. Other states have enriched their citizens and nearly elminated unemployment by using these resources that are on private land. If you are against the 'low prices' of discount stores, the best way to allow shoppers more choice is to empower them with better earnings. NOT through manipulated gov mandated min wage hikes, but better jobs and higher competitive pay. This would be direct result of using our own energy resources, yet Obama knows that Americans who arent dependent of gov welfare are much less likely to vote Dem, so he looks for ways to ensure America's decline and keep its citizens dependent of gov.

  4. Say It Loud, I'm Black and Ashamed: It's too bad that with certain "black" entertainment events, it seems violence and thuggery follows and the collateral damage that it leaves behinds continues to be a strain on the city in terms of people getting hurt, killed or becoming victims of crimes and/or stretching city resources. I remember shopping in the Meadows area years ago until violence and crime ended make most of the business pack you and leave as did with Lafayette Square and Washington Square. Over the past 10 to 12 years, I remember going to the Indiana Black Expo Soul Picnic in Washington Park. Violence, gang fights and homicides ended that. My great grandmother still bears the scares on her leg from when she was trampled by a group of thugs running from gun fire from a rival gang. With hundreds of police offices downtown still multiple shootings, people getting shot downtown during Black Expo. A number of people getting shots or murdered at black clubs around the city like Club Six on the west side, The Industry downtown, Jamal Tinsley's shot out in front of the Conrad, multiple fights and shootings at the skating rinks, shootings at Circle Center Mall and shooting and robberies and car jackings at Lafayette Mall. Shootings and gang violence and the State Fair. I can go on and on and on. Now Broad Ripple. (Shaking head side to side) Say It Loud, I'm Black and I'm Ashamed.

  5. Ballard Administration. Too funny. This is the least fiscally responsive administration I have ever seen. One thing this article failed to mention, is that the Hoosier State line delivers rail cars to the Amtrak Beech Grove maintenance facility for refurbishment. That's an economic development issue. And the jobs there are high-paying. That alone is worth the City's investment.

ADVERTISEMENT