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LOUISVILLE, Ky. (WDRB Fox 41) -- The Supreme Court won't get involved in New Albany's fight to close an adult book and movie store.
Today the high court refused to hear an appeal from the city of New Albany. It's been trying to shut down New Albany DVD since 2004.
When the store first tried to open, the city council adopted a six-month moratorium on new sexually oriented shops. The store's owner sued, claiming the city violated his constitutional right to free expression.
The 7th U.S. Circuit Court of Appeals said the city must present clear evidence that the store causes crime or other problems before it can impose restrictions on its operations.