Supreme Court rejects 2003 Indy adult bookstore ordinance

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By Charlie De Mar

INDIANAPOLIS, In (Oct. 7, 2014)- The U.S. Supreme Court rejected a 2003 city of Indianapolis ordinance Monday that limited the hours of adult book stores.

The ordinance was passed under then-Mayor Bart Peterson. The idea was to reduce crime by closing adult books stores from midnight-10 a.m and on Sundays.

The ordinance was enforced in 2005 and 2009.

The 7th U.S Circuit Court of Appeals ruled in January that the ordinance didn't prove to deter crime.

The Supreme Court denied the city's appeal of the 7th U.S Circuit Court decision.

"Contrary to the city's contention, the stores are well run and they are good corporate citizens.  They do not cause problems in the neighborhood," said Michael Murray, attorney for Bookstores.

The city of Indianapolis could now be forced to pay for damages for the loss of business that these stores suffered in the years the ordinance was enforced.

"This is a significant victory for the constitutional provision that is enshrined in the first amendment," said Murray.

A city spokesman said in a statement:

"The City of Indianapolis is disappointed the Supreme 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."

"The evidence actually showed that the ordinance did not result in a decrease in crime. The adult bookstores were not a source of crime," said  Murray.

“That’s of course going to be good for us.  We can hopefully expand our business even further," said Lucas Mcclurg, Romance Specialist at Lover's Lane.

A district court jury will hear the case and determine the damages.

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