CLARKSVILLE, Ind. — The town of Clarksville and Theatair X were back in court this week not even six months since the Clarksville Town Council voted to revoke the business license for the adult superstore.
This week, attorneys on both sides are preparing proposals to go before a judge on Friday.
"This is about the town of Clarksville seeking to enforce regulatory ordinances," said Scott Bergthold, the attorney representing the town of Clarksville in the case. "The case was filed as an appeal but then the town of Clarksville counterclaimed to bring a second action or a claim for an injunction."
This after the town council voted to revoke the adult theater's business license in May, and just days later Theatair-X appealed.
Now the town's coming back with a preliminary injunction.
"It has nothing to do with the content of what they're showing. It has everything to do with the illegal behavior that's happening on their premises," said Bergthold.
Bergthold says his proposal for Friday will address the layout inside the building.
"It would be asking the court to issue an injunction prohibiting Theatair X from continuing to operate their film areas their video areas in the present configuration," he said.
That's because he says the current layout is in violation of the line of sight ordinance.
"They have to have a direct line of sight from a managers station into every area of the premises where they're showing sexually explicit films," said Bergthold.
Theatair X is being represented by local attorney David Mosley.
Mosley declined a formal interview but did say he plans to argue that because this is an appeals case the town has no right to bring in those separate claims of ordinance violations.
His question will be: is the town revoking this license correctly?
For now, there's no timeline set in place. It's not clear how long the process will take after the proposals are submitted on Friday.
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