Home > News > Indianapolis’ Adult Business Ordinance Is Tossed • Bookmark   • Newsletters   • Register Search Options


Indianapolis’ Adult Business Ordinance Is Tossed

Indianapolis’ Adult Business Ordinance Is Tossed
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
Yes, but in a few years
Out of 150 votes. Results based on votes submitted by members of XBIZ.net social network.
Sep 8, 2009 10:45 AM PDT    Text size: 
INDIANAPOLIS — A federal appeals court, ruling that the city of Indianapolis has failed to offer evidence supporting tighter restrictions for adult video and bookstores, has struck down its six-year-old ordinance that broadens the definition of an “adult entertainment business.”

The 7th U.S. Circuit Court of Appeals, in its decision, said that the city’s ordinance was flawed from the get-go because it mixed all adult establishments, including those that involve public booths, into one lump category.

“If there is more misconduct at a bar than at an adult emporium, how would that justify greater legal restrictions on the bookstore — much of whose stock in trade is constitutionally protected in a way that beer and liquor are not,” the court said in its ruling. “Indianapolis has approached this case by assuming that any empirical study of morals offenses near any kind of adult establishment in any city justifies every possible kind of legal restriction in every city.”

The 7th Circuit added that Indianapolis city leaders failed to offer "an iota of evidence" supporting stricter regulations on adult book and video stores.

The six-year-old ordinance expanded the definition of an adult business to include any retailer that devotes at least 25 percent of its space or inventory to adult books, magazines, films and sex toys. The definition also covered retailers who earned at least 25 percent of their sales from adult items. The threshold was 50 percent before 2003.

The ordinance also made it necessary for adult entertainment businesses to be permitted for a license and imposed rules on lighting and cleanliness.

Adult entertainment businesses also were ordered closed on Sundays and after midnight on all other nights.

Four of those businesses in the city were thrown into that category, later claiming the ordinance violated their constitutional rights.

The city justified its restrictions on the ground that they can reduce prostitution, stealing, public masturbation and other crimes associated with adult businesses.

But the 7th Circuit didn’t buy Indianapolis’ argument, particularly since the city’s only evidence about the four plaintiffs is that during 2002 the police made 41 arrests for “public” masturbation at Annex Books, the only plaintiff that offers private booths. The court said masturbation was “public” in the sense that officers could see what customers were doing inside the booths.

“It is hard to grasp how misdemeanors committed in single-person booths justify the regulation of book and video retailers that lack such booths,” the court said. “Indeed, we do not know when the arrests occurred … [H]ow does it compare with arrests for drunkenness or public urination in or near taverns, which in Indianapolis can be open on Sunday and well after midnight?"

The case is Annex Books Inc. vs. City of Indianapolis, No. 05-1926.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


E-Stim Basics: Selling Customers on Powerboxes as Pleasure Tools

Electrosex is a commonly misunderstood pleasure practice for good reason: Most of us have negative associations with electricity; maybe we’ve been shocked after rubbing our feet across a carpeted... More »

Search Oftentimes Is Left to Chance

Adult content is frowned upon in search, whether in paid, organic or social. With the big algo updates from the past few years, Google has cleaned up search, trying to get rid of spammy and low-quality... More »

Five Tips to Generate Repeat Business

A $50 sale is great. But what if you could get that same $50 sale to come back four times in the next few months? Here are some ideas how to achieve that. 1) On your receipts, you should have an option... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.



Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!