The Clarksville Town Council voted unanimously to appeal a ruling that struck down an ordinance regulating adult businesses at its Monday meeting.
On Jan. 25, Washington County Circuit Court Judge Robert Bennett ruled that because a portion of the ordinance regulating the zoning of adult businesses had been improperly enacted, citations filed against Theatair X in October 2008 were waived. The Town of Clarksville was given 30 days to appeal the ruling. The council’s vote comes two days before the Feb. 24 deadline.
Clarksville Attorney Chris Sturgeon told the council he believes that an appeal would have merit because the ruling avoided the constitutionality of the adult-business ordinance.
“I think it was easier for him to just kind of set the constitutional arguments aside just by saying ‘this part of the ordinance is invalid, so the whole thing is invalid,” Sturgeon said.
Sturgeon said the appeal will be filed Tuesday.
IN OTHER BUSINESS
• Pepper Cooper and Dana Cooper of Maverick Insurance came before the council to present a wellness program for town employees that includes memberships to the YMCA and the Louisville Athletic Club at discounted rates. The town council unanimously approved a plan whereby the town would contribute $25 for each employee’s gym membership and employees would receive a discounted membership rate, provided the employees visit the gym a minimum of eight times per month.
Cooper told the council that the cities of Jeffersonville and New Albany would be pursuing similar plans for their employees, and that the total number of municipal employees would be used to determine the group discount at the YMCA. A minimum of 50 employees must participate between the three to receive discounted rates.
The town will receive quarterly reports on employee gym usage.
• The town unanimously approved a rezoning request to change the zoning classification at 5731 Ind. 31 from B-1 to B-2 to allow for a car dealership to operate at the address.
• In his statement at the conclusion of the meeting, council member David Fisher urged Clarksville residents to be sure to participate in the U.S. Census.
“The town receives a lot of money based on the results,” Fisher said. “Money for streets, for police, fire and schools.”
Matt Koesters is a freelance journalist living in Jeffersonville.
Clark County
Clarksville to appeal Theatair X ruling
Decision comes two days before deadline set by court
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