A lawsuit filed by a Noblesville business that sells adult baby items against the city remains in court as a judge has given attorneys in the case a deadline to respond to a motion seeking to dismiss the case.
A suit was filed by My Inner Baby Aug. 9 in Hamilton Circuit Court against the city’s Board of Zoning Appeals, which voted during its Aug. 1 meeting to affirm a decision by Planning Department Director Caleb Gutshall that it was operating as a sex shop. The business, at 15480 Herriman Blvd., sells adult diapers, pacifiers, onesies, stuffed animals and other items and is seeking a stay of the BZA’s decision pending an appeal.
The matter went before Hamilton Circuit Court Judge Paul Felix Sept. 22 for a hearing, but a motion to dismiss was filed two days prior by attorney Beth Copeland, who is representing the city in the case.
According to court documents, Copeland argued that the case should be dismissed since an administrative record wasn’t filed by My Inner Baby and that a timely extension wasn’t sought before Sept. 8. Copeland said the administrative record is required to be filed within 30 days after the petition for judicial review is filed, according to court records.
Court records indicate that Felix gave Silvia Miller, who is representing My Inner Baby and its owners, Sabine Kissee and Ryan Polokoff, until Sept. 29 to respond to Copeland’s motion to dismiss, while Copeland was given a deadline to reply by Oct. 5. Polokoff created the business in August 2020.
My Inner Baby was issued a letter April 26 by Gutshall after a determination was made that it was operating as a sex shop in the I-1 (Light Industrial) zoning district, which isn’t permitted.
The BZA initially heard the case during its Aug. 1 meeting, where Miller argued that the city’s interpretation of a sex shop and labeling My Inner Baby as one was inaccurate. However, Copeland told the BZA that My Inner Baby had been targeting products for groups to look at on social media platforms, such as Instagram with certain hashtags and noted the business had been marketing itself as ABDL – an acronym for Adult Baby/Diaper Lovers – on social media sites.
My Inner Baby announced on Twitter Aug. 11 that it was temporarily closing its store after being notified by the city that it faced fines if it stayed open.