As last reported on in this ILB entry on Wednesday, U.S. District Judge Sarah Evans Barker is presiding over "a hearing in federal court on whether New Albany should be ordered to let an adult video store reopen." Today's Louisville Courier-Journal coverage is headlined "Both sides see positives in judge's questions on adult store." Some quotes:
U.S. District Judge Sarah Evans Barker questioned many aspects of New Albany's adult-entertainment ordinances in a hearing Tuesday on whether an adult video store should be allowed to reopen.Judge Barker "asked the lawyers to file their closing arguments by Monday and their responses to each others' arguments by Wednesday, saying her decision would be 'timely.'" Posted by Marcia Oddi at November 12, 2004 09:13 AMSteve Mason, the lawyer for the adult store, said the judge's questions left him confident she is concerned about the issues he's raising. "You never can predict how it will go," Mason said. "I can tell you I feel good about it."
Shane Gibson, the New Albany city attorney, also said Barker is closely engaged in the case and asked many "pointed and insightful questions." Gibson said he too was pleased with the hearing, which was held in Indianapolis. "There was nothing that happened we didn't expect." He also declined to predict Barker's decision. The judge did not say when she would make it, but the lawyers must first provide her with additional documents.
The hearing was on the request for a preliminary injunction ordering the city to let the store, New Albany DVD, reopen.