pornography, judicial review shall be de novo.
Notwithstanding any other provision to the contrary, whenever
the board or committee has found that a respondent has
engaged in or is engaging in one of the discriminatory
practices set forth in paragraph (g)(4) of section 16-3 or as
against a sel er, exhibitor or distributor under paragraph (g)(7)
of section 16-3. the board shal , within ten (10) days after
making such finding, file in its own name in the Marion County
circuit or superior court an action for declaratory and/or
injunctive relief. The board shal have the burden of proving
that the actions of the respondent were in violation of this
chapter.
Provided, however, that in any complaint under paragraph
(g)(4) of section 16-3 or against a sel er, exhibitor or distributor
under paragraph (g)(7) of section 16-3 no temporary or
permanent injunction shal issue prior to a final judicial
determination that said activities of respondent do constitute a
discriminatory practice under this chapter.
Provided further. that no temporary or permanent injunction
under paragraph (g)(4) of section 16-3 or against a sel er,
exhibitor or distributor under paragraph (g)(7) of section 16-3
shal extend beyond such material(s) that, having been
described with reasonable specificity by the injunction, have
been determined to be validly proscribed under the chapter.
130
Pornography and Civil Rights
Sec. 16-28. Other remedies.
Nothing in this chapter shal affect any person’s right to pursue
any and al rights and remedies available in any other local, state
or federal forum.
INDIANAPOLIS CITY-COUNTY COUNCIL
GENERAL ORDINANCE NO. 35, 1984,
SECTION 7 & SECTION 8*
SECTION 7. (a) Because this ordinance amends certain provisions
adopted in General Ordinance No. 24. 1984. the effective date of
that ordinance is postponed until the effective date of this
ordinance, (b) The expressed or implied repeal or amendment, by
General Ordinance No. 24. 1984. or by this ordinance, of any
other ordinance or part of any other ordinance does not effect any
rights or liabilities accrued, penalties incurred, or proceedings
begun prior to the effective date of this ordinance. Those rights,
liabilities, and proceedings are continued, and penalties shal be
imposed and enforced under the repealed or amended ordinance
as if this ordinance or General Ordinance No. 24. 1984. had not
been adopted, (c) An offense, committed before the effective date
of this ordinance, under any ordinance expressly or impliedly
