WASHINGTON — The Supreme Court won't get involved in an Indiana town's fight to close an adult book and movie store.

The high court today refused to hear an appeal from the city of New Albany. City officials have been trying to shut down New Albany DVD since 2004.

When the store first tried to open, the City Council adopted a six-month moratorium on new sexually oriented shops. The store's owner sued, claiming the city violated his right to free expression.

Last September, the 7th U.S. Circuit Court of Appeals in Chicago ruled that the city must present clear evidence that the store causes so-called secondary effects such as crime, litter or other problems before it can impose further restrictions on its operations.

The case is City of New Albany, Ind. v. New Albany DVD, 09-1027.