JEFFERSONVILLE — A Clark County judge is expected to rule later this month on whether or not an adult business will have to comply with new laws set forth by the Clarksville Town Council in July, as civil litigation continues between the two entities.
A hearing date is scheduled for 9 a.m. Oct. 21 for Clark County Circuit Court No. 4 Judge Vicki Carmichael to hear all pending motions in the appeals case filed by owners of adult theater and store Theatair X in May. These include a call for dismissal of the case filed by attorneys of the business, and a motion for dismissal of a preliminary injunction the town sought in July.
Dave Mosley, local attorney for Theatair X, also filed on Oct. 2 a motion for mediation.
Though there have been civil dealings in the past between the town and the longtime adult business, the most recent case was brought by the business in May, appealing an administrative decision by the town to revoke the theater's business license. The business was cited in late 2018 and again in February for alleged building code and zoning violations, including illegal sex acts said to have taken place on the premises.
In June, the council passed an ordinance strengthening regulations for adult businesses in town, including that they are not permitted to operate between the hours of midnight and 6 a.m. Language in the ordinance also states that there must be a clear line of sight from the manager's station to the theater and viewing booths area at Theatair X, to prevent people from engaging in sex acts with one another while on the property.
The council also voted that month on penalties for violations to the ordinance — $2,500 for the first occurrence and $7,500 for each subsequent, with penalties accruing each day of the violation.
In July, Greg Fifer, representing the town, filed a motion for preliminary injunction for the judge to compel the business to adhere to the new ordinance, which if approved would mean ceasing operations during the overnight hours.
Cincinnati-based attorney Louis Sirkin has represented Theatair X since the start of the case in May, along with local counsel Mosley. However the U.S. Supreme Court sent notice Monday that Sirkin has been excluded from practicing law in Indiana as of Sept. 24. The reason cited is that Sirkin failed to file for temporary admission to practice in the state in a timely manner. Online court records show that Sirkin petitioned for temporary admission on July 26, which was accepted by Judge Carmichael July 30.
In addition to Fifer, the local council, the town is represented by Atlanta-based attorney Scott Bergthold.