Clark County Circuit Court judge to take Theatair X case

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July 23, 2009

No date set for hearing on alleged violations

By MATT THACKER The News and Tribune Thu Jul 23, 2009, 01:40 PM EDT

The case involving five citations against adult bookstore Theatair X may finally have a judge.

Clark County Circuit Court Judge Dan Moore has agreed to accept the case, according to court officials.

Chris Sturgeon, attorney for the Clarksville Town Council, said he filed a motion Friday for a hearing date to be set, but no date had been set as of Wednesday.

Clarksville Building Commissioner Bob Polston cited Theatair X in October for staying open past 1 a.m. In May, he cited the establishment for holes between the [peep show] booths, inadequate lighting, doors on the booths and not having a straight vision from the desk to the booths.

All of those citations have been joined into one case.

Clarksville Town Court Judge Sam Gwin recused himself in May from the case because he helped write the ordinance limiting sexually oriented businesses for the town.

The court then chose three judges and had both parties strike one judge. That left Superior Court No. 3 Judge Joe Weber. According to Weber’s court clerks and Sturgeon, Weber declined to accept the case because he was formerly judge of Clarksville’s town court. The case was then transferred to Circuit Court.

Sturgeon admitted he is getting frustrated the case is taking so long and said that is why he asked for a date to be set.

Theatair X, meanwhile, appears to be in defiance of the town’s ordinance. It has a sign that states that the store is open 24 hours.

Theatair X’s attorney, Joan Henderson, did not return messages seeking comment.

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• You can read previous stories on this issue by visiting newsandtribune.com and searching for “Theatair X.”

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