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 © 2025 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

Hankey's Toys Introduces 'Big Pop Mushroom,' 'Xtra-Small Series IV' Dildos

Hankey's Toys has debuted its Big Pop Mushroom dildo and the new Xtra-Small Series IV line of dildos.

Brent Aldon, Erik Vasquez to Co-Host Retail Edition of 2026 XBIZ Honors at Avalon Hollywood

Aneros Director of Sales and Marketing Brent Aldon and Sliquid VP of Marketing Erik Vasquez will co-host the 2026 XBIZ Honors, set for Jan. 11 at Avalon Hollywood in Los Angeles.

Kiiroo Introduces New Argenta Stroker

Kiiroo has debuted the new Feel Argenta stroker sleeve from its FeelStar line.

Howl Launches New 'Ambassador' Referral Program

Wellness brand Howl has launched its Ambassador referral sales program.

Womanizer Unveils 'Next Duo' Vibrating Air Pulse Massager

Womanizer has introduced its Next Duo vibrating air pulse massager.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Orion Debuts 'Double Vibrator' From Couples Choice Line

Orion Wholesale has introduced the Double Vibrator from its Couples Choice line.

Orion Debuts 1st Christmas Collection From Cottelli Lingerie Line

Orion Wholesale has introduced the first Christmas Collection from its Cottelli Lingerie line.

Honey Play Box Introduces 'Vibrosa' Egg Vibe

Honey Play Box is debuting its new Vibrosa app-controlled egg vibrator.

ProDx Health Joins The Play as New Testing Partner, Launches 'Play Safe' Kit

ProDx Health has joined lifestyle organization Play LA as its new testing partner and marked the partnership with the launch of its Play Safe kit.

Show More