Judge could rule on future of Theatair X within weeks

JEFFERSONVILLE, In (WDRB) - The fight over this adult theater in Clarksville is heating up.

Town leaders faced off against Theatair X in court Monday morning over whether the business is breaking the law.

It’s been nearly four months since new town ordinances ordered drastic changes to the adult business – both inside and out.

“The town is trying to achieve compliance with its ordinances that prevent illicit conduct,” said town attorney Scott Bergthold. He represents the town in a preliminary injunction to enforce the business to abide by new ordinances that include improved sight lights so managers can see what is going on at all times near back theaters.

The ordinance also requires adult businesses to be closed from midnight to 6 a.m.

theatair x 2 — Attorneys for Theatair X enter court on Oct. 21, 2019.

“The injunction motion that the town has filed doesn’t go to films they can watch or anything like that. That can continue. But they can’t provide spaces for people to engage in illegal behavior,” Bergthold told WDRB News outside Clark County Court.

The town called one witness Monday, private investigator Charles Thompson, who said he stopped by the theater four times since the new ordinances were approved to see if any changes had been made.

He testified that the booths in the back had unsanitary conditions and that he saw what he believed was “inappropriate behavior” in the booths. He also testified that the sight lines were still obstructed from management.

Since 2013 Clarksville police have arrested several people because of lewd acts in the business.

Attorneys for Theater X said the town is looking at the case from a moral issue - not a legal one.

Bergthold disagreed.

“At no time is the town coming here on a moral argument," he said. "We come here on zoning and regulatory ordinances like that have been upheld all over the country."

Previously Theatair X’s license had been revoked, but it remains in business during the appeal.

“Even after their license was revoked they continue to engage in illicit behavior that lead to the revocation of the license,” Bergthold said.

Attorneys for Theatair X had no comment after court Monday.

The judge is expected to make a ruling in the next couple weeks.