A U.S. District Judge has ruled that an adult bookstore is in violation of a city ordinance barring such businesses within 1,000 feet of schools, churches, parks and shopping centers, according to the Terre Haute Tribune-Star.
Judge J. Phil Gilbert ruled on Feb. 22 against Illinois One News Inc., which owns the Gift Spot, despite arguments that the city ordinance was unconstitutional because it violated free speech and that such adult businesses were protected by the First and Fourteenth amendments.
The judge said that the measure did not violate free speech because it did not limit the place where it can take place.
Roger Webber, Illinois One’s attorney, said his client may appeal the ruling, but added that he was unsure what they may choose to do.
City officials said the ordinance, passed in November 2002, was drafted after city studies showed evidence of secondary negative impacts on the community from adult entertainment businesses in the city, such as increased sexual assaults and other crimes.
