Years-long battle between Theatair X and Town of Clarksville back in court

Years-long battle between Theatair X and Town of Clarksville back in court

CLARKSVILLE, In. (WAVE) - The future of an adult entertainment business in southern Indiana is being considered by a judge. A years-long battle between the town of Clarksville and Theatair X hit the courtroom Monday as both sides battle it out to determine what future Theatair X will have.

Judge Vicki Carmichael heard arguments from attorneys Monday morning on a motion to dismiss and motion for preliminary injunction. It’s part of the ongoing fight between the town and Theatair X over the future of the adult business.

For decades, Theatair X in Clarksville has been open for business, and for years they’ve been fighting with the town over a number of issues including ordinance violations, like holes or openings in its viewing booths.

This summer, the town passed stricter ordinances, requiring employees to be able to see into those booths as well as stricter hours of operation.

“The ordinances require a direct line of sight from the manager’s station into these areas and they have specifically built out a maze-like configuration with locked doors and controlled-access spaces to facilitate illicit sexual behavior," Scott Bergthold, an attorney representing the town of Clarksville said. "And we’re seeking an injunction to stop that illegal behavior.”

In court, a private investigator testified he went into Theatair X after midnight, describing conditions in viewing booths and saying staff couldn’t see into the areas. Bergthold said the town is now seeking an injunction to stop what they say is illegal behavior.

Theatair X attorneys are arguing in court that the town is trying to close them down by continually changing ordinances.

Opinions around town are split on Theatair X’s future.

“I think it attracts a lot of creeps and I’ve heard quite a few stories from adults, people older than me, that it’s not necessarily the cleanest place and it probably needs to go,” Dylan Brown of Charlestown said.

“There’ll be legal rights that have to be respected. And if they’re outside the legal limits, they’ll be closed down. If they aren’t, they’ll stay,” Louis Lopez of Louisville said.

Theatair X’s attorneys are now waiting to see what’s next as the legal battle continues.

“We’ll provide proposed orders at the end of the week. Probably another week or two after that, we’ll get a ruling,” David Mosley, an attorney representing Theatair X said.

Judge Carmichael asked all sides to submit proposed orders to the court by Friday.

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