NEW ALBANY, Ind. — A federal appeals court has ruled that an adult book and movie store in New Albany can remain open while a lower court reviews evidence as to whether the store attracts crime, litter and other problems.
New Albany officials have been trying since 2004 to shut down New Albany DVD.
But in the Sept. 10 ruling New Albany DVD v. City of New Albany, the Chicago-based 7th U.S. Circuit Court of Appeals said the city must present clear evidence that the store causes so-called secondary effects such as excessive litter, crime or other problems before it can impose additional restrictions on its operations.
When New Albany DVD opened in February 2004, the New Albany City Council adopted a six-month moratorium on new sexually oriented shops and city officials ordered the store to close.
The store's owner sued, claiming the city violated his right to free expression.