The ordinance would have forced adult businesses to be closed daily between the hours of midnight and 10 a.m., as well as all day Sundays.
WASHINGTON – The city of Indianapolis Monday lost a final effort to defend its 2003 ordinance restricting adult bookstore operating hours, clearing the way for the businesses that challenged the limits to seek damages that could top $1 million.
The Supreme Court rejected the city’s appeal of a lower court’s ruling in City of Indianapolis v. Annex Books, et al., which struck down the ordinance.
The 7th U.S. Circuit Court of Appeals in January said the city didn’t show sufficient evidence that the ordinance reduced crime.
The attorney for the bookstores called the Supreme Court’s decision a “significant victory for the First Amendment.”
“We’re very, very pleased that the Supreme Court did not see fit to review the well-reasoned opinion of the 7th Circuit,” said attorney J. Michael Murray.
A spokesman for Indianapolis Mayor Greg Ballard said city officials are disappointed that the high court declined to consider its appeal.
“The city will now focus its efforts on minimizing the awarding of damages from this case, which started nearly a decade ago under the previous administration,” said spokesman Marc Lotter.