BEVERLY HILLS, Calif. — Hustler Hollywood plans on challenging Monday’s ruling from the 7th U.S. Circuit Court of Appeals, which held that a lower court was correct in holding that the city of Indianapolis can prohibit adult stores from operating in certain zoning districts.
“The court went against us and did not rule in our favor,” Larry Flynt told XBIZ. “However, we think we will prevail upon appeal.”
Attorneys for Flynt, whose holdings include the iconic LFP Inc. brand, which includes the adult entertainment Hustler mark, could ask for the 7th Circuit panel to rehear the case or ask the full court, en banc, to take another look at the appeal.
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 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.
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.
The retailer said that the city of 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.
On Monday, the 7th Circuit agreed with a 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.
The ruling can be viewed here.
Pictured: Larry Flynt
