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The Journal Gazette

Monday, March 11, 2019 12:17 pm

Suit about regulating sexually oriented businesses in city dismissed

Matthew LeBlanc | The Journal Gazette

A federal judge has thrown out a lawsuit against the city that alleged officials unfairly applied an ordinance regulating sexually oriented businesses and prevented a planned reopening of a downtown strip club.

Lawyers for 1407 LLC, which owns Rabbit's, 1407 S. Calhoun St., argued in court documents filed last year the city violated the business' First and 14th Amendment rights because officials too narrowly restricted locations of sexually oriented businesses.

The lawsuit sought to have the city's ordinance declared unconstitutional. The business also asked for $500,000 in damages.

Chief Judge Theresa Springmann disagreed and dismissed the case in late January in U.S. District Court in Fort Wayne.