United States Seventh Circuit

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.

Appellate Information

• Decided 09/10/2009
• Published 09/10/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Steven G. Mason (argued), Orlando, FL, for Plaintiff-Appellee., Scott D. Bergthold (argued), Chattanooga, TN, Shane L. Gibson, New Albany, IN, for Defendant-Appellant.