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New Albany DVD, LLC v. City of New Albany, Indiana, No. 05-1286

By FindLaw Staff on September 10, 2009 4:07 PM

In plaintiff's suit under 42 U.S.C. section 1993 against the city of New Albany that its ordinance regulating adult establishments violates his First Amendment rights, district court's judgment is reversed and remanded where the injunction remains but should not have been issued on the ground that the ordinance is not narrowly tailored.  Therefore, on remand, the court should take evidence of secondary effects caused by adult establishments that only carry books and DVDs and apply intermediate scrutiny to the ordinance. 

Read New Albany DVD, LLC v. City of New Albany, Indiana, No. 05-1286

Appellate Information

Appeal from the United States District Court for the Southern District of Indiana, New Albany Division
Argued September 26, 2005
Decided September 10, 2009

Judges

Before Easterbrook, Chief Judge, and Ripple and Rovner, Circuit Judges 
Opinion by Easterbrook, Chief Judge

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