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Theatair X on U.S. 31 in Clarksville.

CLARKSVILLE — Attorneys representing the Town of Clarksville in a federal lawsuit brought by the new owner of Theatair X have filed a motion to modify the judge’s order issued Tuesday.

The order states that the Clarksville building commissioner did not have the authority to issue a final denial letter for its annual business license to Theatair X owner Clarksville Ministries Sept. 7, therefore the temporary license issued minutes before that is still in effect.

The town had issued the temporary license in compliance with the judge’s order to do so if the business owner had submitted all missing application materials.

The judge also stated in the order that the town was not to issue any citations related to the business being open, but said the mistake had appeared to be inadvertent and denied Clarksville Ministries’ request that the town be found in contempt of court and ordered to pay legal fees.

In the town’s response filed late Tuesday, attorneys requested that language be clarified to better show that the town did in fact comply with the judge’s order to issue the temporary license. They also requested to be noted that the business has only addressed in its filings the zoning order amendments the council voted on last week that now put the Theatair X building too close to the apartments nearby to open as is as an adult business.

The town says the business is still subject to the licensing requirements in the municipal code change passed Sept. 2. They request the judge’s order be modified to not prevent the town from issuing citations on that part of the code, which Clarksville Ministries has not challenged.

An affidavit from the town building commissioner included with the town’s Tuesday filing also states that under the new licensing requirements in the municipal code, the second employee Clarksville Ministries has hired to be able to staff both manager’s stations does not have an active adult business employee license.

The business owner filed the federal lawsuit Aug. 27, stating that town leaders were not issuing their temporary license to reopen, following the previous business owner closing in mid-August and selling the property after two years of litigation over a license revocation. The closure came a day after a Clark County judge affirmed the town’s decision to revoke the license for one year, following multiple zoning code violations and incidents of sex acts on the property.

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