CLARKSVILLE, IN (WAVE) - An adult bookstore and movie theater in Clarksville may lose its business license.
The town of Clarksville said they intend to revoke the license of Theatair X because the business is in violation of zoning ordinances.
On a Tuesday afternoon, Theatair X stayed busy with people steadily coming in and out of the business along US 31 in Clarksville.
Four arrests made at the theater in February are putting the theater at risk for losing its license. Jeffrey Graham, Nolson Hernandez, Rebecca Stephens and Robert Stout were charged with public nudity and public indecency.
Following those arrests, attorneys for the town of Clarksville sent the owners of Theatair X a notice saying they intend to revoke its adult business license.
The city claims Theatair X is in violation of a zoning ordinance because the city claims the business knowingly allowed sexual acts to happen on the premises. leading to the arrests of those four people in February.
One violation might not be enough for Theatair X to lose its license, but this recent issue comes after the theater’s license suspension in the fall over issues with the building.
Attorneys say the city can revoke the license “if a cause of suspension occurs and the license has been suspended within the preceding 12 months.”
On the other side, attorneys for Theatair X sent the town of Clarksville a notice saying they will appeal the revocation, citing a number of reasons.
The business says it was not properly notified about the past suspension. Owners say they have proven themselves willing to work with town leaders on making facility improvements in the past.
Also, the business’s attorneys argue what those four people did that led to their arrests was done without the knowledge or approval of Theatair X employees or the licensee of Theatair X, and therefore the business should not be held accountable.
Attorneys from both sides will make their case at the Clarksville Town Council during a public hearing Monday, April 29 at 7 p.m. in the council chambers at the Clarksville Municipal Government Center.
Councilmembers have five days to render a decision.