4/1/2005
Media Contact:
Monica Whitfield Brase, [317] 327-3690
Kobi Wright, [317] 413-1503 |
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City ordinance regulating adult entertainment businesses upheld by federal district court judge
INDIANAPOLIS - The City of Indianapolis won a major victory in regulating the activities of adult entertainment businesses in the city, city officials said today. A federal district court judge today ruled that an ordinance proposed by Mayor Bart Peterson and passed by the City-County Council in September, 2003, is constitutional and may be enforced.
"This is a victory for the neighborhoods of Indianapolis," Mayor Peterson said. "We proposed this ordinance because it will improve the quality of life for the people in our city, and now we can begin enforcing it."
Changes that must be made as a result of the ordinance include:
* Limited operating hours of Monday through Saturday from 10 a.m. to midnight. There are currently no regulations regarding hours.
* Viewing booths must be within eyesight of the manager's station of the adult entertainment business.
* Viewing booths must be at least 12 inches from exterior walls and from each other
* Viewing booths must not have curtains or doors.
* Increased lighting in the adult entertainment business.
Background. In 2002, Mayor Peterson pressed for an emergency ordinance to tighten zoning requirements for adult businesses to prevent the potential development of an adult business downtown. In addition, the city is involved in litigation with an adult bookstore that revealed several flaws in the existing law.
As a result of both, the Mayor directed the city legal staff to conduct an overall review of the existing ordinance regulating adult businesses, which was drafted in 1983 and amended in 1995, and existing federal and state court cases.
The city found numerous flaws in the law and decided to tighten the language of the regulations. In addition, the controller's office - which licenses adult businesses - sent letters to inform adult businesses about licensing requirements and the city's intent to enforce all existing laws.
The review also found that courts have supported cities regulating adult businesses through tougher restrictions.
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