United States Seventh Circuit

Summary judgment for City of Gary in a declaratory action by businesses affected by an ordinance regulating "sexually oriented businesses" is affirmed where: 1) the ordinance was directed at the secondary effects of such businesses, and as such was subject to intermediate scrutiny; 2) the city presented sufficient evidence of the secondary effects of the regulated speech to survive scrutiny; 3) the case presents no reason to reconsider Graff v. City of Chicago, 9 F.3d 1309; and 4) plaintiffs waived Fourth Amendment and preemption arguments by failing to raise them before the district court.

Appellate Information

• Argued 02/21/2006
• Decided 10/11/2006
• Published 10/11/2006

Judges

• KANNE, Circuit Judge., Before BAUER, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Edward J. Wartman, McHie, Myers, McHie & Enslen, Hammond, IN, Richard P. Busse, Valparaiso, IN, for Plaintiffs-Appellants., Deidre Baumann (argued), Baumann, Shuldiner, Chicago, IL, Intervenors/Appellants., Donald W. Wruck, III, Giorgi & Associates, Crown Point, IN, for Intervenor-Appellant.


• For Appellees:
  
• Scott D. Bergthold (argued), Chattanooga, TN, for Defendant-Appellee.