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Thursday, January 01, 2009
Ind. Decisions - 231 Adult Plaza must close, pay fines
The ILB has had a number of entries re this Spencer County adult shop. Here is a list.
Today Thomas B. Langhorne reports in the Evansville Courier & Press:
In the latest development in a three-year legal battle with Spencer County, a judge there has found 231 Adult Plaza in contempt of court for violating a permanent injunction.Spencer Circuit Court Judge Wayne A. Roell's ruling says the business along U.S. 231 in Dale must "cease all business operations" in its main building without relocating for one year and must pay $362,467.59 in fines and attorney and witness fees.
The ruling states 231 Adult Plaza "may not resume any of the business activities which have been halted by this court until all fines and fees have been paid in full.
"... The defendants have shown a pattern of bad behavior since the time they first began doing business in Spencer County."
The contempt of court finding, which had been sought by Spencer County, comes seven months after the Indiana Supreme Court declined to hear 231 Adult Plaza's appeal of a lower court ruling that said the county could regulate the amount of sexually-themed merchandise in the store's inventory. [See May 6 ILB entry and links]
In December, the Indiana Court of Appeals sided with Spencer County, finding the county did not violate the adult plaza's First Amendment free-expression rights when it regulated adult merchandise in the store through a sexually-oriented businesses ordinance passed in 2005. [See Dec. 16, 2007 ILB entry]
Roell's ruling cites evidence of "numerous and ongoing" ordinance violations that occurred in September, October and November, including as recently as Nov. 26.
The judge's ruling includes a list of violations several pages long, some of them supported by testimony from expert witnesses who visited 231 Adult Plaza. * * *
Lawyers on both sides have said they expect 231 Adult Plaza to appeal Roell's order.
The judge's court order recounts the history of the legal dispute between 231 Adult Plaza and Spencer County in language that often affects an exasperated tone.
"Initially, (the defendants) showed a total disregard for the building codes of Spencer County," Roell wrote. "Next, they quickly violated this court's preliminary injunction and showed a general lack of respect for the authority of this court. And they have routinely violated this Court's permanent injunction showing their disdain for abiding by the rules. They have twice been found to be in contempt of this court.
"In the past, this court has punished these defendants for their violations of both the ordinances of this county and the orders of this court. But this court has also given these defendants the opportunity to follow the rules. Despite that opportunity, this court has now used words and phrases like contempt, disregard, lack of respect and disdain when describing the defendants' actions.
"This court has heard for a second time about how these defendants may have 'pushed the envelope.' That is certainly true. But now the time has come for this court to close that envelope."
Posted by Marcia Oddi on January 1, 2009 09:17 AM
Posted to Ind. Trial Ct. Decisions