The Seventh Circuit, via Chief Judge Easterbrook, has issued an interesting opinion in Annex Books v. City of Indianapolis, a challenge to an Indianapolis ordinance that restricts when "adult entertainment business" may operate. The Appellate Court ruled that the city needs some compelling purpose to curtail the adult business. You may read the opinion here. You may also listen to the oral argument before the three judge panel, held five years ago today, here. From the Indianapolis Star:
A federal appeals court ruling issued Thursday casts serious doubts on the future of key parts of a 2003 city ordinance that more strictly regulates "adult entertainment businesses" in Indianapolis.
Unless the city can prevail on appeal or in a new evidentiary hearing, adult businesses not only could operate anytime, they also could provide booths or stalls with doors, where patrons can privately view movies on the premises.
"It is a pretty significant defeat for the city," said Richard Kammen, an attorney representing the four adult businesses that sued the city.