S. Ind. city must decide on adult bookstore fight

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By Jason Overholt

Story Created: Nov 3, 2009 at 12:40 PM EST

Story Updated: Nov 3, 2009 at 12:40 PM EST

NEW ALBANY, Ind. (AP) — Officials in a southern Indiana city must decide whether to continue a legal fight against an adult book and movie store after a federal appeals court declined to reconsider an opinion allowing the shop to remain open.

The 7th Circuit Court of Appeals last week denied the request from New Albany city officials that the full court reconsider its September decision blocking the city from closing New Albany DVD without clear evidence.

The city can either ask the U.S. Supreme Court to hear the case or return to District Court to prove its claim that adult bookstores attract crime and create a problem of pornographic litter.

City officials have been trying since 2004 to shut down New Albany DVD.

A message seeking comment was left Tuesday for City Attorney Shane Gibson.

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Information from: The Courier-Journal, http://www.courier-journal.com

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