American Amusement Machine Association v. Kendrick

244 F.3d 572 (7th Cir. 2001), rev’g 115 F. Supp. 2d 943 (S.D. Ind. 2000)

History: On Oct. 29, 2001, the United States Supreme Court denied the City of Indianapolis’ petition for certiorari. The City of Indianapolis was seeking to review the Seventh Circuit Court of Appeals’ decision granting a preliminary injunction barring enforcement of the city’s ordinance restricting the display and operation of currency-based machines deemed “harmful to minors,” modifying the definition of “harmful to minors” to cover “graphic violence” in addition to erotic material. Judge Hamilton of the U.S. District Court, Southern District of Indiana, held the ordinance constitutional. Enforcement of the ordinance was stayed by the Seventh Circuit, which imposed an accelerated briefing and argument schedule.

An amicus brief signed by Media Coalition members was filed on November 9, 2000; the case was argued on December 4, 2000, before Judges Posner, Williams and Wood of the Seventh Circuit. The Seventh Circuit reversed and sent the case back to the trial court for it to issue a preliminary injunction.

The City of Indianapolis moved for re-argument or re-argument en banc, but that motion was denied. On August 15, 2001, the District Court granted plaintiffs a preliminary injunction; later that month the defendants filed a petition for certiorari with the Supreme Court. The Supreme Court declined to hear the case, leaving intact the Seventh Circuit’s decision.