Hustler store and Chuck E. Cheese can't be neighbors, court rules

Sex shop argued its First Amendment rights were violated

By Tim Swift - Local10.com Digital Editor
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INDIANAPOLIS - A federal court has ruled that Hustler Hollywood can't open a store near a Chuck E. Cheese's restaurant despite arguments by the store, which sells sex toys and lingerie, that its First Amendment rights were violated. 

Local zoning laws in Indianapolis prevented the Hustler store from opening near a Chuck E. Cheese's restaurant, which caters to children and is known for hosting birthday parties.

The Hustler stores are part of the business empire of Larry Flint, who in addition running strip clubs and pornographic magazines, is known for legal cases involving the First Amendment.

The city rejected plans for the store's location because it deemed the Hustler store an "adult entertainment business" because more than 25 percent of its products were adult products.

Hustler, which had already signed a lease for the space, sued the city, arguing the ordinance was overly vague and saying many of its products were "marital aids" and  used for "sensual care."

The 7th U.S. Circuit Court of Appeals, however, didn't buy it.

The ruling said Hustler Hollywood can always find another location, far away from costumed mice, ball pits and ski ball lanes.

"Hustler Hollywood has not been deprived of their First Amendment right to operate in Indianapolis," the ruling said.

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