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

Performer Damien Stone Passes Away at 32

Performer Damien Stone passed away on March 11 due to complications from an enlarged heart, according to reports citing his family. Stone was 32.

Violet Voss Makes Her Brazzers Debut

Violet Voss has made her Brazzers debut alongside Manuel Ferrara in "Making Him Cheat Again."

Fantasy Gifts Co-Founder Marlene Bertino Passes Away at 84

Marlene Bertino, co-founder of Fantasy Gifts, has passed away at the age of 84.

Dame Launches 'Trump Tariff' Surcharge

Sexual wellness brand Dame has introduced a "Trump Tariff" surcharge as a line item for vibrator purchases.

Attorney Corey D. Silverstein Launches 'Q&A Series' on Social Media

Adult industry attorney Corey D. Silverstein has launched a Q&A series on his social media platforms.

Blake Lovely Fronts New Scene From Grooby

Blake Lovely stars with Silas Stone in the latest release from Grooby Girls, titled “The Whirlwind of Blake Lovely.”

Pure Taboo Debuts 'Foot in the Door'

Alison Rey stars with Michael Vegas in the latest featurette from Pure Taboo, titled “Foot in the Door.”

Violet Myers Returns to Blacked

2025 XMAs Premium Social Creator of the Year Violet Myers stars with Isiah Maxwell in the latest release from Vixen Media Group studio imprint Blacked.

Zariah Aura Stars in Latest From TransAngels

Zariah Aura stars with Dominic Pacifico in the latest release from TransAngels, titled “Obey Me: Hotel Femdom.”

Nicole Aria, Sarah Arabic & Ember Snow Star in Latest Installment of 'Futa World'

Nicole Aria, Sarah Arabic, and Ember Snow star in the latest installment of Adult Time series “Futa World,” titled “Double Your Gains.”

Show More