Hustler Hollywood Plans on Challenging 7th Circuit's Ruling

Hustler Hollywood Plans on Challenging 7th Circuit's Ruling

BEVERLY HILLS, Calif. — Hustler Hollywood plans on challenging Monday’s ruling from the 7th U.S. Circuit Court of Appeals, which held that a lower court was correct in holding that the city of Indianapolis can prohibit adult stores from operating in certain zoning districts.

“The court went against us and did not rule in our favor,” Larry Flynt told XBIZ. “However, we think we will prevail upon appeal.”

Attorneys for Flynt, whose holdings include the iconic LFP Inc. brand, which includes the adult entertainment Hustler mark, could ask for the 7th Circuit panel to rehear the case or ask the full court, en banc, to take another look at the appeal.

Hustler Hollywood last year filed a federal lawsuit seeking declaratory and injunctive relief against the city of Indianapolis and Marion County, as well as the Metropolitan Board of Zoning Appeals and other agencies after they refused to allow its new store to open in 2016 after it had signed a 10-year lease.

The location where Hustler Hollywood wanted to establish the store was zoned C-3, a classification in which adult-oriented stores and entertainment businesses are not permitted.  

Hustler Hollywood said it “analyzed its projected inventory, floor space and revenue, determining that it would easily operate below the threshold for triggering a designation of an adult entertainment business.”

That threshold pertained to 25 percent or more of its retail floor space, stock or weekly sales from adult products.

The retailer said that the city of Indianapolis incorrectly classified the store as an adult business and denied it the permits that it needed in order to open.

The retailer said the city’s actions were depriving it of both its 1st Amendment right to free expression and its 14th Amendment right to equal protection of law.

On Monday, the 7th Circuit agreed with a lower court ruling, holding the city’s application of the ordinance has resulted only in an incidental restriction on Hustler Hollywood’s speech in a particular location.

The ruling can be viewed here.

Pictured: Larry Flynt

Copyright © 2024 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

Swiss Navy Debuts New Variety Packs

Swiss Navy has introduced two new personal lubricant Variety Packs.

BasisDx Adds Expedited Results Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a new option for expedited test results for its Pro13 kit.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Orion Debuts 'Suck-O-Mat 3' Masturbator

Orion Wholesale has introduced the third edition of its Suck-O-Mat masturbator.

Biird Debuts 'Ohwii' Glass Dildo

Biird has introduced Ohwii, its new double-ended glass dildo.

Sportsheets Releases New Training Video for 'Edge' Line

Sportsheets has released its latest training video, titled "Edge Product Training," the third in a series hosted by Brand Ambassador Rin Musick.

Exsens Marks Its 10th Anniversary

Intimate wellness and body care brand Exsens is celebrating its 10-year anniversary.

Honey Play Box Debuts 'Trill' Vibrator

Honey Play Box has debuted its new Trill app-controlled vibrator, which joins Melody and Elektra in the company's Kegel toy collection.

Show More