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Thursday, March 19, 2009
Ind. Law - "Theatair X attorney says ordinance unconstitutional in Clarksville"
Matt Thacker reports in the Clark / Floyd County News & Tribune in a story that begins:
Attorneys representing Theatair X are arguing that a Clarksville ordinance regulating how late sexually oriented businesses can stay open is unconstitutional.“I think it’s unconstitutional and has violated the zoning rules,” attorney Joan B. Henderson said of the ordinance. “There are certain procedures that have to be followed with an ordinance of this nature, and [Clarksville Town Council] they did not follow those.”
The adult video store was cited Oct. 3 for staying open too late. A town ordinance states that sexually oriented businesses are not allowed to be open between 1 and 8 a.m.
In late January, Henderson — along with a law firm from Ohio which also is representing Theatair X — filed a motion to dismiss the case in Clarksville Town Court on the grounds that the ordinance is unconstitutional.
Posted by Marcia Oddi on March 19, 2009 11:02 AM
Posted to Indiana Government