New Albany again rebuffed in battle against “adult bookstore”
Louisville Courier-Journal: “The 7th U.S. Circuit Court of Appeals last week denied the city’s request that the full court reconsider a September ruling by a three-judge panel blocking the city from closing New Albany DVD.”
In New Albany DVD, LLC, v. New Albany, No. 05-1286 (7th Cir., Sept. 10, 2009), the 7th Circuit held that secondary effects evidence used to regulate sexually oriented businesses with “live entertainment” might not apply to the regulation of those SOB’s without such entertainment. Community Defense Counsel abstract here.