Published: November 17, 2009 09:55 pm      

Theatair X given chance to respond to ROCK’s brief

Washington County judge’s decision delayed until after Jan. 8

A decision on Theatair X’s motion to dismiss four citations issued against it by the Town of Clarksville will not be made until January at least.

Washington County Judge Robert Bennett extended the deadline for both parties to submit tendered orders until Jan. 8, Clarksville attorney Chris Sturgeon said.

He said the judge wanted both sides to have a chance to file a response to an amicus brief filed by Reclaim Our Culture Kentuckiana — a group, commonly known as ROCK, that has vocally and repeatedly opposed Theatair X.

Sturgeon said attorneys for the adult bookstore wanted to have until mid-February to respond to ROCK’s brief, but he objected to waiting that long.

An amicus brief is a document in which someone not a party to the case offers an opinion or viewpoint on the case. Sturgeon said he will not respond to ROCK’s brief.

Theatair X, which is located off Veterans Parkway, has been cited for staying open past 1 a.m., holes between the peep show booths, inadequate lighting, doors on the booths and not having a straight line of vision from the front desk to the booths.

Attorneys for the business have argued Clarksville’s ordinance regulating sexually oriented activity is unconstitutional and legally invalid.

The judge could make a decision any time after the tendered orders are submitted.