Lion's Den adult store sues Indianapolis over sign

Corrections and clarifications: A previous version of this story incorrectly identified state Rep. Mike Speedy. He is a state representative, not a state senator.

A newly opened adult store on the south side of Indianapolis is suing the city over its ordinance forbidding the business from erecting a freestanding sign, claiming that the city rule violates the First and Fourteenth Amendments.

The Lion's Den is pushing for the sign at its new location at 4250 E. Southport Road after the zoning board denied a request for a variance in September. The store opened earlier this year despite significant community pushback from residents, who lamented its proximity to kid-friendly businesses such as the Sky Zone.

City ordinance allows adult businesses in the area zoned as a community regional commercial district, if they are in an integrated center that groups together multiple commercial uses. The Lion's Den newest location met this criteria.

But the store tried in vain to seek a variance from the city's zoning board for a monument sign — a type of freestanding sign that would advertise to westbound passersby.

City ordinance allows adult businesses within integrated centers to have just one "wall" sign attached to the store's front.

In its complaint filed in federal court on Monday, Lion's Den argues that the ordinance enacts an "unconstitutional content-based restriction on both commercial and noncommercial protected speech."

The clams are similar to ones that Hustler Hollywood, another adult store on the city's north side, filed in 2017 against the city after losing a zoning appeal. After a lengthy legal battle, the store opened up this month.

The Department of Metropolitan Development, the city's zoning and planning agency, declined to comment.

Non-adult businesses, however, are allowed to have multiple types of freestanding signs, the complaint argued.

"As a direct and proximate result of defendant’s enforcement of (city ordinance), plaintiff has been denied its constitutional rights and has incurred lost revenues due to reduced patronage at its store," the complaint states.

Others are reading: These Indianapolis neighborhoods, some once predominantly Black, are becoming more white

Specified sexual activity?

The Lion's Den is also fighting to keep the slogan on its proposed wall sign, which reads "Passion. Pleasure. Romance."

The city rejected the proposed wall sign under part of the ordinance that forbids an adult entertainment business from depicting specified sexual activities or anatomical areas through a sign, the complaint states. The city also found the proposed wall sign too big.

But Lion's Den argues that the sign's content does not describe specific sexual activities or anatomical parts, claiming in its complaint that the city's interpretation of its ordinance is incorrect.

Under the city's restrictions, the store only has one front-facing sign covering just 5% of the building's facade that simply reads "Lion's Den," the complaint states.

The store still features its "Pleasure. Passion. Romance." slogan on its side window.

"Plaintiff desires to and would put up primary freestanding signs on its premises, specifically a monument sign and a pole and/or pylon sign, as well as wall signs and other signs that it would otherwise be permitted to do in the C-4 zoning district but for the content based sign restrictions imposed against adult bookstores," the store said in its court filing.

The city's ordinance violates the First and Fourteenth Amendments, the complaint argues, interfering with the right of Lion's Den customers "to receive constitutionally protected expression."

The store also claims the ordinance violates the section of Indiana's constitution pertaining to free speech and thought.

Lion's Den's lawsuit seeks an injunction against the city's ordinance forbidding a monument sign and an approval of its proposed wall sign.

Delays, inaction and failures: A timeline of abuse at Indiana church

Lion's Den opened earlier this year with significant pushback from community residents who objected not only to the sign, but also the store itself.

Mike Speedy, a Republican state representative for the area, told the zoning board in September that his 14-year-old son is a regular customer at the nearby Sky Zone business. He also presented a petition of over 2,800 signatures from people who object to the sign.

"As the 2,800 plus, nearly 3,000 signatures indicate, this community cares about its front door, cares about its image, cares about its property values, cares about its kids, its grandmoms, its moms," Speedy said. "And that's why we'd ask you to deny this sign permit."

Amy Stinson of the McFarland Farms Property Owners Association told the board that the store would be located in an area where she takes her 95-year-old mother for lunch.

"Never in my somewhat wildest dreams did I ever imagine that I would have this kind of place opening literally across the street form my home, but here we are," Stinson said. "I didn't think that I would have to add a local porn shop to my mixed-use development community, but here we are."

Call IndyStar reporter Amelia Pak-Harvey at 317-444-6175 or email her at apakharvey@indystar.com. Follow her on Twitter @AmeliaPakHarvey.

This article originally appeared on Indianapolis Star: Lion's Den in Indianapolis sues over sign