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 © 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

'Groove Thing' Sets Kickstarter Funding Record for Insertable Pleasure Product

Groove Thing, an insertable pleasure product that plays audio, has set a funding record on Kickstarter.

Nalpac/Entrenue, Ohdoki Sign Distro Deal for 'The Handy'

Nalpac/Entrenue has inked an exclusive U.S. distribution deal with Ohdoki Products for The Handy.

Onahole Debuts New 'Miss Boss Cup' Stroker

Pleasure brand Onahole has introduced its new Miss Boss Cup stroker.

ProDx Health Introduces 'Trust 1' HPV Test

ProDx Health has introduced its new Trust 1 Home Collection Kit for HPV testing.

Eye of Love Debuts 'Pheromone Roll-On Duo' From Bloom Line

Eye of Love has introduced the Pheromone Roll-On Duo fragrance set from its Bloom collection.

Full Circle Releases 'Grinders' Collection

Pleasure brand Full Circle has debuted its new Grinders collection of discreet vibrators.

Doc Johnson, Polynesian Pleasures Ink Distro Deal

Pleasure brand Polynesian Pleasures has signed a deal with Doc Johnson for global distribution.

Sydney Screams, Creature Feature Toys & Tailends Studios Launch Limited Partnership

Sydney Screams, Creature Feature Toys, and Tailends Studios have launched a one-month campaign to produce customizable dildos, with some proceeds benefiting SWAID Collective.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Sexpo Australia Founder Launches SexEx

Sexpo Australia founder David Ross has launched his new adult lifestyle expo, SexEx.

Show More