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A judge will soon rule on a preliminary injunction request that could limit Theatair X's hours of operation. 

JEFFERSONVILLE — A Clark County judge has given parties in a civil lawsuit over an adult business in Clarksville, along with the town itself, until Friday to file proposed orders in the case.

On Monday, attorneys for Midwest Entertainment Ventures, which owns and operates adult theater and business Theatair X; AMW Investments, which owns the land where the store is located; and the Town of Clarksville met for a hearing in Clark County Circuit Court No. 4 before Judge Vicki Carmichael.

At hand was a preliminary injunction filed by the town in July, seeking to force the business to comply with two town ordinances regulating adult businesses. If the judge agrees with the injunction, it would mean Theatair X would be compelled to be closed between midnight and 6 a.m., and would have to reconfigure the areas within so that a manager is able to see all parts of the business where patrons are allowed, except for restrooms.

The preliminary injunction was filed as a counterclaim to Theatair X's administrative appeal over the town council's vote to revoke its business license, based on multiple prior accusations of code and zoning violations, including illegal sex acts.

At the Monday hearing, the town called one witness, a retired Jeffersonville police detective who said he had been to the business five times in July and October, disguised as a patron. Greg Fifer, representing the town, said the detective had testified to being in the business after midnight when the ordinance dictates it should be closed, and observing illicit sexual activity.

In July and August, Midwest ventures and AMW both filed motions to dismiss the preliminary injunction, stating in the court files that the request for injunction was outside the scope of the administrative appeal case.

Procedurally, the appeals case needs no further testimony; the judge must review the facts laid out during an administrative appeal hearing previously held before the Clarksville Town Council. The action of the preliminary injunction, however, is allowed further testimony.

All parties have until Friday to submit their proposed orders; the judge is expected to rule on the preliminary injunction shortly thereafter.

Aprile Rickert is the crime and courts reporter at the News and Tribune. Contact her via email at aprile.rickert@newsandtribune.com or by phone at 812-206-2115. Follow her on Twitter: @Aperoll27.

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