Indianapolis' Adult Business Ordinance Is Tossed

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.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Eye of Love to Debut 'Kiss Chemistry' Collection From 'Matchmaker' Line at Altitude Intimates

Eye of Love will introduce the Kiss Chemistry lip gloss collection from its Matchmaker line at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

XBIZ, EroSpain Partner for 'Ibiza Experience'

XBIZ and EroSpain have teamed to co-host the Ibiza Experience, an exclusive, invitation-only gathering of the global pleasure industry’s premier brands and buyers, set for Sept. 22-25 at the five-star Ibiza Gran Hotel.

Dr. Tush to Debut 'Redefined Anal Plug Collection' at Altitude Intimates

Dr. Tush will introduce its new Redefined Anal Plug Collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Hankey's Toys Debuts Lance Woods Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Lance Woods.

Nasstoys to Debut 'Sky' Vibe Collection at Altitude Intimates

Nasstoys will introduce its Sky vibrator collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

Kheper Releases New Edition of 'Making Bad Situations Worse' Party Game

Kheper Games has released its Making Bad Situations Worse — The Outrageous Version party game.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Show More