U.S. Supreme Court Rejects New Albany DVD Case

WASHINGTON — The U.S. Supreme Court has declined to hear New Albany, Ind.'s appeal in its six-year fight to close New Albany DVD, a business that is now known as Cleopatra's.

After applying for all the required zoning permits in 2003, New Albany's city council refused to carry out the final inspection that would allow New Albany DVD to operate an adult bookstore.

That same day, council members also placed a six-month moratorium on new adult businesses, later amending it to outlaw sexually oriented businesses from operating within 1,000 feet of any church or residential area.

New Albany DVD, which claimed the change in zoning violated the 1st Amendment because it tailored the regulations based on what the store sells, is located within 175 feet of a church and 115 feet from a proposed residential building.

A 2005 federal court injunction allowed the store to open despite the new ordinance, and the city of New Albany appealed that decision.

New Albany DVD claimed the injunction was appropriate, because the city couldn't prove that selling adult materials had a negative impact on the area.

But in an earlier ruling last year, the 7th U.S. Circuit Court of Appeals said that the city of New Albany needs some evidence that secondary effects around the establishment are a serious problem.

In the case, the 7th Circuit said, “the volume of complaints exceeds the number of genuine problems.”

“New Albany has not supplied evidence that ‘fairly supports’ the idea that adult bookstores located near churches or residences attract thieves who then steal from the local denizens as well as the stores’ customers,” the court said. “We don’t say that the city will be unable to produce this evidence, but the lack of good evidence to this effect in the record — coupled with evidence implying that take-home adult stores do not have adverse secondary effects — is enough to require an evidentiary hearing.”

New Albany Mayor Doug England told Tribune Media that he doesn't think the city should put any more money into a losing effort following Monday's announcement by the high court.

"You can't keep spending good money after bad if the federal government and the court system's not going to cooperate with us because we're using taxpayers money to fight this," he said.

But City Attorney Shane Gibson said the decision to stay out of New Albany’s legal battle with an adult book store doesn’t mean the case is closed.

“Obviously, we’re disappointed that the Supreme Court didn’t take a good look at [the case] and the potential precedent it could set for communities such as ours,” Gibson said. "[But] the issue that we wanted hopefully cleaned up and cleared up that probably would have resolved the case has not been cleaned up or cleared up.”

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Adult Time Drops New Installmet of 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Coco Bae Fronts Latest From Reality Kings

Coco Bae stars with Jordi El Nino Polla in the latest release from Reality Kings.

Eve Sweet Stars in Latest From Blacked Raw

Vixen Angel Eve Sweet stars with Vixen Media Group (VMG) exclusive Jason Luv in the latest release from studio imprint Blacked Raw.

Brazzers Drops Season Finale of 'MILF Quest'

Brazzers has released the final episode of the first season of "MILF Quest," hosted by Cherie DeVille.

Beca Barbie Makes Her Hookup Hotshot Debut

Beca Barbie has made her debut for Hookup Hotshot alongside Nade Nasty.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

ProDx Health Introduces 'Assured MoFi ID' Testing Program

ProDx Health has introduced its new Assured MoFi ID Program for testing.

NC Governor Vetoes Bill Targeting Adult, Could Face Override

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Eye of Love Expands 'Bloom' Collection

Eye of Love has introduced two new perfume oils from its Bloom collection.

Nobü Adds to 'Essentials' Collection

Nobü is expanding its Essentials collection with three new pleasure products.

Show More