S.D. Ind. preliminary injunction denied where regulation not likely to decrease secondary effects
Annex Books, Inc. v. City of Indianapolis, No. 1:03-cv-918-SEB-TAB, 2009 WL 4639715 (S.D. Ind. Dec. 2, 2009)
On remand from the 7th Circuit’s decision in Annex Books, Inc. v City of Indianapolis, No. 05-1926 (7th Cir. Sept. 3, 2009), the U.S. District Court for the Southern District of Indiana, J. Barker, granted Annex Books, et. al. a preliminary injunction against the enforcement of Chapter 807 of the Revised Code of the Consolidated City and County of Indianapolis, Marion County. According to Judge Barker, the City’s new evidence had not yet shown that its regulation of “adult bookstores” “is likely to cause a significant decrease in secondary effects and a trivial decrease in the quantity of speech” because the statistics appear to show an increase in crime after the enforcement a relevant ordinance.