Hustler Hollywood's Appeal Decided at 7th Circuit

Hustler Hollywood's Appeal Decided at 7th Circuit

INDIANAPOLIS — A federal appeals court yesterday upheld Indianapolis’ ordinance that prohibits adult entertainment businesses from operating in certain zoning districts, handing a defeat to Hustler Hollywood, which sought to open a store in the city.

Hustler Hollywood last year filed a federal lawsuit seeking declaratory and injunctive relief against the city of Indianapolis and Marion County, as well as the Metropolitan Board of Zoning Appeals and other agencies after they refused to allow its new store to open in 2016 after it had signed a 10-year lease.

The retailer's plan drew swift and stern opposition from neighborhood groups and Indianapolis’ city attorney, Christine Scales, after they learned that Hustler Hollywood’s planned location was next to a Chuck E. Cheese restaurant. The location where Hustler Hollywood wanted to establish the store was zoned C-3, a classification in which adult-oriented stores and entertainment businesses are not permitted.  

In its suit, Hustler Hollywood said it “analyzed its projected inventory, floor space and revenue, determining that it would easily operate below the threshold for triggering a designation of an adult entertainment business.” That threshold pertained to 25 percent or more of its retail floor space, stock or weekly sales from adult products.

Hustler Hollywood said that Indianapolis incorrectly classified the store as an adult business and denied it the permits that it needed in order to open.

The retailer said the city’s actions were depriving it of both its 1st Amendment right to free expression and its 14th Amendment right to equal protection of law.

But a lower court disagreed with Hustler Hollywood and said that the chain was unlikely to succeed on the merits of its claims.

On Monday, the 7th U.S. Circuit Court of Appeals agreed with the lower court ruling, holding the city’s application of the ordinance has resulted only in an incidental restriction on Hustler Hollywood’s speech in a particular location.

“Hustler Hollywood has not been deprived of their First Amendment right to operate in Indianapolis,” the 7th Circuit  wrote. “The city has simply told Hustler Hollywood that it cannot operate in a C-3 district, while also providing numerous other avenues for speech in C-4, C-5 and C-7 districts, including a C-4 district directly across the street.”

Further, Hustler Hollywood “presented no evidence in the district court or on appeal that officials from [city and county agencies] displayed any bias or censorial intent in their determinations. Furthermore, the city was under no constitutional obligation to inspect the property or allow Hustler Hollywood to open conditionally before making its determination,” the 7th Circuit wrote.

“Ultimately, the question of whether the city’s determination rested on a sufficient evidentiary basis is properly suited for state court review. That evidentiary issue does not present a 1st Amendment violation, nor does it justify the issuance of a preliminary injunction.”

Check out the ruling here.

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

LELO Debuts 'Ina Thrust' Thrusting Vibrator

LELO has introduced its new Ina Thrust thrusting vibrator.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Honey Play Box Debuts 'Kai Pro' Stroker at EroSpain

Honey Play Box introduced the new Kai Pro stroker at the 2026 EroSpain trade show in Barcelona.

Adam & Eve Reveals Results of 'Masturbation' Survey

Adam & Eve has released the results of a survey asking respondents about their level of satisfaction from masturbating.

Lovense Reveals Results of 'Prostate Pleasure' Survey

Lovense has published the results of a survey on men’s reluctance to explore prostate pleasure.

Kiiroo Debuts 'Keon 2' Stroker

Kiiroo has unveiled its new Keon 2 Stroker.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

WSST Partners With OEJ to Launch 'Cristal Collection'

We Sell Sex Toys (WSST) has partnered with Our Erotic Journey (OEJ), adding the Cristal Collection to its curated catalog of pleasure products.

E-Stim Introduces 'The Slider' System

E-Stim Systems has introduced The Slider insertable electrode system.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added two new chain collars to its Bad Kitty collection of fetish accessories.

Show More