A judge has sided with the city in its fight to regulate adult bookstores and video stores accused of veiling their X-rated focus to skirt zoning rules.
During the unstable economic situation, we watched several businesses stumble and shut down. But one "business" is still going strong: sex.
In fact, an Indiana town is having difficulty getting an adult book and movie store to close its doors.
On Monday, the Supreme Court refused an appeal from the city of New Albany, reports the AP. The appeal is just one attack of many in the battle between city officials and New Albany DVD, ongoing since 2004, when the store first opened.
In 2003, New Albany DVD, LLC, purchased land for the store and secured all the necessary licenses, according to court documents. But in order to open its doors for business, it needed a final inspection from the City in February 2004.
The city refused.
Instead, the City Council enacted a six-month moratorium on new adult businesses. The council also amended the zoning rules, forbidding the business from operating where it stood.
In other words, the sex store was screwed.
New Albany DVD's owner sued, claiming the city violated his right to free expression. The owner also argued that the business' renovations were completed before the zoning ordinance was amended, and that the store would have opened before the zoning change had the city inspected it like it was supposed to, according to court documents.
While the court reviewed the case, the store was allowed to open.
In 2009, the court ruled that the city's reasoning for the new ordinance—the store allegedly attracts crime and scatters pornographic litter—was not backed up with sufficient evidence. The city would have to prove its case before the new regulations could be enacted.
On Monday, the Supreme Court decided it will not be getting involved in the fight between the town and the store.
They're not into threesomes.