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 DivisionArgued September 26, 2005Decided September 10, 2009
Judges
Before Easterbrook, Chief Judge, and Ripple and Rovner, Circuit Judges Opinion by Easterbrook, Chief Judge
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