Annex Books, Inc. v. City of Indianapolis, Ind.

In action challenging defendant's ordinance that required adult bookstores to be closed all day Sunday and between midnight and 10 a.m. on other days, Dist. Ct. did not err in granting plaintiffs' request for preliminary injunction to enjoin enforcement of said ordinance where defendant supported ordinance with only one study that concluded that dispersing adult stores reduced crime in different city. Instant study was inadequate to support instant ordinance under intermediate scrutiny standard since study did not pertain to restrictions imposed by instant ordinance and did not account for other variables that could have supported ordinance's goal of reducing crime. Moreover, plaintiffs' submission of arrest data showed that number of arrests near plaintiffs' stores did not go down when applicable ordinance took effect.