This was released this afternoon by Indianapolis Mayor Bart Peterson's office:
Federal court upholds stricter regulations for adult businesses[Update 8/31/04] The Indianapolis Star coverage this morning reports that:INDIANAPOLIS – Mayor Bart Peterson announced today that a federal court in Indianapolis has upheld the key components of the city’s adult business ordinance. Last August, Mayor Peterson proposed stricter regulations on adult businesses and the City-County Council in October of last year passed them. At this time, several adult businesses already had initiated a lawsuit against the city regarding the city’s ordinance.
These new laws:
- Place tighter restrictions on illegal conduct. Several adult businesses feature booths or stalls where illegal sexual activities occur. According to health officials, such activity is unsafe and can lead to the spread of disease. The new ordinance would ban doors on viewing booths, require managers to have a direct line of sight into the booths and require proper lighting.
- Reduce the harmful effects of adult businesses. Adult businesses are typically associated with harm to surrounding neighborhoods such as high crime, drug use, prostitution and the spread of disease. In addition, such businesses are allowed to operate 24 hours a day, seven days a week. The amended ordinance now requires adult businesses to be closed between midnight and 10 a.m. Monday through Saturday. Additionally, adult businesses must be closed on Sundays.
Now that the federal court has ruled in the city’s favor, the new laws can be enforced for the first time, subject only to any enforcement delay that could accompany an appeal by the adult businesses.
"This decision is a victory for the neighborhoods of Indianapolis,” Mayor Peterson said. "This ordinance will enable the city to effectively regulate adult businesses while keeping our neighborhoods safe."
In addition to the adult business regulations the court has now upheld, Mayor Peterson signed in 2002 an emergency ordinance to tighten zoning requirements for adult businesses in order to prevent the establishment of an adult business downtown.
Richard Kammen, one of the plaintiff's [Annex Boooks Inc.] attorneys, said the ordinance was "subject to abuse" by government and could be used as a way to force stores out of business. The decision will be appealed to the Seventh Circuit Court of Appeals, he said.I will try to obtain Judge Barker's decision and post it here. Posted by Marcia Oddi at August 30, 2004 07:19 PMIn her ruling, [federal Judge Sarah Evans] Barker did not approve the entire ordinance.
She rejected a provision allowing unannounced city inspections of adult businesses "at any time" during business hours. Barker found the language too broad.
Still, Peterson -- who once called adult bookstores a threat to "the sanctity of our neighborhoods" -- hailed the court ruling as a victory for the neighborhoods of Indianapolis.
"This ordinance will permit the city to effectively and legally regulate adult businesses while keeping our neighborhoods safe," he said in a written statement.