7th Circuit: Secondary effects rationale based on “viewing booth” evidence does not necessarily apply to “adult bookstores” that lack “view booths”

Annex Books, Inc. v City of Indianapolis, No. 05-1926 (7th Cir. Sept. 3, 2009)

OH district judge upholds no-touch, hours of operation provisions

84 Video/Newsstand, Inc., et al. v Thomas Sartini, et al., No. 1:07cv3190 (N.D. Ohio, June 22, 2009)

Ohio district judge upholds no-touch and hours of operation provisions against First Amendment challenges.

May 2006: Do Peep Shows “Cause” Crime? A Response to Linz, Paul, and Yao

Richard McCleary and James W. Meeker: “Government regulation of adult entertainment businesses, including peep shows, must be aimed at mitigating adverse secondary effects such as crime.”

October 2004: Study of Police Activity in Milford, Connecticut: Testing for Negative Secondary Effects of Adult Businesses

Study of Police Activity in Milford: “In order to test the foundational assumption that the city of Milford may regulate adult businesses because they are associated with negative secondary effects, an empirical study of criminal activity surrounding adult businesses in Milford was undertaken.”

May 2004: Methodological Critique of the Linz-Yao Report: Report to the City of Toledo, Ohio

R. McCleary and J.W. Meeker: “Subjected to a rigorous statistical analysis, the data demonstrate that, like sexually-oriented businesses (SOBs) in virtually every other U.S. city, Toledo’s SOBs have large, significant crime-related secondary effects.”

April 2004: Evaluating Potential Secondary Effects of Adult Cabarets in Daytona Beach, FL: A Study of Calls for Service to the Police in Reference to Ordinance 02-496

Evaluating Potential Secondary Effects of Adult Cabarets: “The social disorganization variables and especially the presence of an alcohol beverage retail sale establishments in the blocks accounts largely for this explanatory power. The presence of an adult cabaret in the census block accounted for an insubstantial amount of explanatory power.”