CLARKSVILLE, IN (WAVE) - In the dark halls of Theatair X our cameras exposed violation after violation of the Clarksville town ordinance regulating adult businesses and clear criminal activity.
The violations ranged from doors on peep booths, to so-called glory holes between them and open sex.
"We were absolutely shocked at what we found, this is what we do all the time said Bryan Wickens. Wickens is president of ROCK, which stands for Reclaim Our Culture Kentuckiana.
He spearheaded an investigation into Theatair X almost 3 years ago, sending in a retired FBI agent five times over two years.
The investigator then detailed what he found in a series of reports. "We feel the right thing to do is to give it to those public officials - give it to those people who can do something about it - enforce the laws that are there to protect all of us."
In fact, that's what rock did almost a year ago by turning the documents over to council member Vicky Appleby, a town attorney and Clarksville's planning director – and then they waited. He said, "Sfter that meeting in August of 2008 we encountered delay, delay and what started to become very apparent to us was there really wasn't a desire to enforce the law - to do the right thing."
With our camera easily catching clear violations inside Theatair X we wondered too.
Town Council President Greg Isgrigg agreed to sit down with us, with City Attorney Chris Sturgeon at his side, and watch our undercover video.
Isgrigg was surprised by our findings, saying Clarksville city police have never witnessed such things, "Yeah we've had a couple time they've been in and they haven't seen what your guy seen."
A trip to the Clark County courthouse turned up several documents. In 2005, Clarksville Police Chief Dwight Ingle filed an election form listing his address as 902 N. Clark Boulevard.
When we pulled the deed we discovered that home is owned by Dan Hensley who is listed as the CEO of Theatair X.
Neither man was at the home when we went knocking and we've learned Hensley retired from Theatair X four years ago.
But Hensley's daughter told us the two had lived together at one time, just not anymore - something Ingle confirmed to us later on over the phone after ducking our camera for a day.
Chief Ingle also said in his 24 years with Clarksville Police Department, 18 as chief, he's been part of two investigations into Theatair X. Both cases were lost in court..
When asked about his relationship with Hensley he said, "Personal friends are my personal business." And added, "You're trying to make a connection between the two and I think you're trying to say where there's smoke there's fire but we don't know that yet you've brought it to our attention and it's something we'll have to check in to."
Sturgeon is fighting Theatair X in court over one ordinance violation. In October the store was cited for staying open past 1 a.m. Their lawyers want the case dismissed, stating the ordinance is unconstitutional.
A sign outside of Theatair X now states it remains open 24/7. Sturgeon says his hands are tied until a judge has his say, "Until we know whether our ordinance is valid if would be kinda fruitless to go forward with further citations or further litigation."
As for the criminal activity, like the open sex in the theaters and oral sex between peep booths, Isgrigg says he's seen enough to take action, "Well I'd like to start a task force with the prosecutor. I've kicked this around before we need to prosecute these people."
While producing this story, and as part of my phone conversation with Ingle, he asked me to contact Judge Dan Donahue. He was the Clark County Prosecutor back in the 70's and took a case against Theatair X to court.
Ingle told me the judge could vouch for his police work.
What judge Donahue told me today in regards to the chief and the town council's efforts, even surprised me. He said, "I think it's a lot of bs I really think they've misled rock and I think they've misled the people of this community, it's a horrible situation out there and they have the tools to do it. they could do it on a daily basis they could invoke that ordinance on a daily basis to take the position of "we're going to wait and see what's going to happen to this the first time around is just feeding them a bunch of crock."
I asked, "As a lawyer when you look at this you think this could move forward ordinance wise each and every day." "Absolutely from my opinion they could do that and continue to do that and rack up those particular fines until it gets to the point where it gets too costly to keep that operation going," he replied.
When asked what he remembered about Ingle? Donahue said, "Absolutely nothing. I don't remember Dwight assisting me in any way."