NEW ALBANY, NY — from www.newsandtribune.com - City Attorney Shane Gibson said Monday the U.S. Supreme Court’s decision to stay out of New Albany’s legal battle with an adult book store doesn’t mean the case is closed.
The city has been involved in ongoing litigation with the former New Albany DVD — now called Cleopatra’s — since 2004 when the store attempted to launch at 601 W. Main St.
A six-month moratorium on new adult businesses was ordered by the City Council that kept the store from opening. New Albany DVD sued, and a federal court awarded the store a temporary injunction allowing it to remain open while the 7th U.S. Circuit Court of Appeals reviewed the city’s defense.
In 2009, the Chicago-based U.S. Circuit Court of Appeals ruled New Albany “inadequately justified” its claim that adult entertainment stores contribute to secondary effects such as crime and litter, therefore upholding the federal court’s determination.
The city petitioned the U.S. Supreme Court to rule on the lower court’s decision, but it announced Monday that it would not examine the case.
“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,” Gibson said.
The matter has never gone to trial but has been based on the federal court injunction which has not settled the case, Gibson continued.
He maintained the ruling by the Appeals Court that New Albany didn’t provide enough proof of secondary effects of an adult business went against precedent.
The decision “in our opinion set a new standard as far as what kind of record a community needed to justify its ordinances,” Gibson said.
The city will now review the situation to conclude if it will proceed with additional legal action, he added.
“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.
Attempts to reach the owner of Cleopatra’s for comment were unsuccessful as of press time.
