INDIANAPOLIS (WISH) — A Noblesville retailer forced to close for violating an city law governing sex shops has lost an effort in federal court to have the decision reversed, and its operators are deciding whether to appeal.

The operators of My Inner Baby say the business sold adult diapers, clothing and incontinence products.

The Noblesville Board of Zoning Appeal ruled Aug. 1, 2022, that My Inner Baby violated the city’s ordinance against operating a sex shop since it uses “#ABDL,” which stands for adult baby and diaper lovers, as its marketing slogan.

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.

The lawsuit also accused 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.

Judge Tanya Walton Pratt in late August dismissed the shop’s lawsuit.

Ryan Polokoff, one of two people in a limited liability corporate that owned the shop, says they have until Sept. 23 to appeal.

In October, a Hamilton County judge rejected an appeal from Polokoff to reopen the store, leading to the federal lawsuit.

News 8’s Adam Pinsker contributed to this report.

Previous coverage

• Adult baby store deemed sex shop files federal lawsuit against Noblesville
• Noblesville adult baby store closes temporarily amid legal battle with city
• Judge to decide if Noblesville adult baby store can temporarily reopen