One of the big questions coming out of the Supreme Court’s decision in Reed v. Town of Gilbert was whether Reed’s standard for content neutrality analysis would change past Supreme Court jurisprudence regarding regulations of adult businesses. Under the precedents set in Young v. American Mini-Theatres, Inc. and City of Renton v. Playtime Theatres, Inc., adult businesses can be specially regulated by local governments under the theory that the regulations are content neutral because they are targeted at the “secondary effects” of such businesses. Reed held that any facially content based law should be subject to strict scrutiny. Laws that apply to adult businesses are arguably facially content based, since they apply to particular forms of speech and expression. Thus, there was skepticism that Reed might portend an overruling of prior cases regarding adult businesses.
In a case challenging Angola, Illinois’s regulations of adult businesses, the Seventh Circuit indicated in a footnote that it did not believe that Reed ov`erruled Young and City of Renton. The Seventh Circuit upheld the lower court’s denial of the plaintiff’s motion for a preliminary injunction.