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Tuesday, May 22, 2007

Ind. Decisions - Update on: Spencer County adult business ordered to close

As reported in this ILB entry from May 19th, a contempt of court hearing was scheduled for yesterday, Monday, in Spencer Circuit Court. Today Kate Braser of the Evansville Courier & Press reports:

A judge is deciding whether owners of an adult business in Spencer County will be forced to pay thousands of dollars in fines for allegedly remaining open, despite a court order to shut down. * * *

On Monday, attorneys representing the business and the county met for a hearing in Roell's courtroom.

In a previously filed motion, the attorneys allege the business is in contempt of court because it has remained open and continues to sell pornographic items and showcase an adult cabaret featuring seminude dancers.

Santa Claus, Ind., police officer Matt Conen testified during the hearing about infractions of the court order he observed during two visits to the business in April.

Conen said based on his observations, more than 90 percent of the displayed merchandise included sexually explicit items, and he saw female exotic dancers exposing themselves and performing lap dances. * * *

Scott Bergthold is one of three attorneys representing Spencer County in the case.

He said during Monday's hearing, an administrator for the county's plan commission also testified that the business is not licensed to operate an adult motel on the property.

"The defense put on a witness and investigator who had taken pictures of things that were not adult merchandise," Bergthold said.

In cross-examination, Bergthold asked the defense team's investigator how many pictures he took in the store.

"He said he'd taken 72 pictures, but he only turned in 11," Bergthold said. "So I guess those other 61 pictures not submitted in court were all the porn. I don't think his testimony was really persuasive."

Roell took the details of the hearing under advisement, but said it shouldn't take long to issue a ruling.

An AP story today in the Louisville Courier Journal includes this:
ROCKPORT, Ind. -- A judge made no ruling yesterday after a contempt of court hearing over a possible fine for the owners of a Southern Indiana adult bookstore ordered to stop operating as a sexually oriented business.

Spencer Circuit Judge Wayne Roell took the matter under advisement, and an attorney representing Spencer County said he expects a ruling in two or three weeks.

Posted by Marcia Oddi on May 22, 2007 07:07 AM
Posted to Ind. Trial Ct. Decisions