By ADAM PINSKER
WISH-TV | wishtv.com
Owners of a retail store forced to close for violating a city law governing sex shops have sued the Noblesville city government in federal court.
According to the lawsuit filed in U.S. District Court for the Southern District of Indiana in Indianapolis, attorneys for the store My Inner Baby accused the city of violating the company’s First Amendment right to freedom of speech.
My Inner Baby sells adult diapers, clothing, and incontinence products. One of the store’s owners, Ryan Polokoff, told News 8 in August that the products are used by people suffering from post-traumatic stress disorder and by people who engage in role play.
The Noblesville Board of Zoning Appeal ruled Aug. 1 that My Inner Baby violated the city’s ordinance against operating a sex shop since it uses “#ABDL,” for adult baby and diaper lovers, as its marketing slogan.
The lawsuit also accuses the city government of violating My Inner Baby’s equal protection rights under the 14th Amendment. The lawsuit says stores that sell lingerie, such as Victoria’s Secret, which is located in Noblesville’s Hamilton Town Center, are not classified as sex shops.
My Inner Baby closed its retail store Aug. 10 rather than risk accruing fines from the city.
In October, a Hamilton County judge rejected an appeal from Polokoff to reopen the store.
Polokoff’s attorney in the federal lawsuit asked a judge to issue a temporary restraining order against the Noblesville city government to allow My Inner Baby to reopen. The lawsuit, filed Jan. 1, also asked for a hearing in federal court within 10 days to extend the order. No hearing had been set by Thursday afternoon.
News 8 reached out to Polokoff’s attorney for comment.
A spokesperson for the Noblesville government, Emily Gaylord, told News 8 the city had not been officially served with the lawsuit.
“We’re disappointed that MIB chose to sue City officials despite failing to fully exhaust its own administrative remedies,” Gaylord said in an email to News 8.