News and Tribune

Clark County

May 16, 2009

Theatair X hit with new citations

There was confusion in Clarksville about who should enforce rules

Adult business Theatair X was issued four citations Thursday for violating a Clarksville town ordinance.

The ordinance limiting sexually oriented businesses was passed in 2005, but the adult bookstore had so far only been cited for one offense — staying open past 1 a.m.

Clarksville Building Commissioner Bob Polston said he cited Theatair X on Thursday for holes between the [peep show] booths, inadequate lighting, doors on the booths and not having a straight vision from the desk to the booths.

A reporter with The Evening News and The Tribune went along as two undercover Clarksville Police Department detectives investigated Theatair X on Wednesday night. Clarksville detectives have been there five times since December, according to Clarksville Police Chief Dwight Ingle. As in past investigations, police found no illegal activity Wednesday.

The hallways are lined with booths where customers can pay to watch pornographic films. There are holes in the walls between the booths that range in size from a nickel to a baseball or even larger.

While the holes are a clear violation of the Clarksville ordinance, they are not a violation of Indiana criminal law as long as both parties who use them are consenting. Each booth has a door with a lock. Once a person is inside that locked booth, any consensual sexual activity is legal under Indiana law.

There are also theaters inside the porn shop. Even consensual sexual activity that occurs inside the theaters is legal because the doors lock and patrons have to pay to go inside, the detectives said.

“If you go in that booth yourself, once you go in and close the door, we cannot charge them with anything,” Ingle said.

Ingle said police departments only enforce state laws. They have no authority to enforce local ordinances, such as peep holes or indecent activity going on behind a locked door.

Text Only | Photo Reprints

Easter 2014 photos

Click on any photo to purchase it.

Twitter Updates
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
AP Video
SKorea Ferry Toll Hits 156, Search Gets Tougher Video Shows Possible Syrian Gas Attack Cubs Superfans Celebrate Wrigley's 100th Raw: Cattle Truck Overturns in Texas Admirers Flock to Dole During Kansas Homecoming Raw: Erupting Volcanoes in Guatemala and Peru Alibaba IPO Could Be Largest Ever for Tech Firm FBI Joining Probe of Suburban NY 'Swatting' Call U.S. Paratroopers in Poland, Amid Ukraine Crisis US Reviews Clemency for Certain Inmates Raw: Violence Erupts in Rio Near Olympic Venue Raw: Deadly Bombing in Egypt Raw: What's Inside a Commercial Jet Wheel Well Raw: Obama Arrives in Japan for State Visit Raw: Anti-Obama Activists Fight Manila Police Motels Near Disney Fighting Homeless Problem Michigan Man Sees Thanks to 'bionic Eye' S.C. Man Apologizes for Naked Walk in Wal-Mart Chief Mate: Crew Told to Escape After Passengers
2013 Photos of the year

Take a look at our most memorable photos from 2013.