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Tuesday, March 13, 2007

Ind. Decisions - Spencer County adult business ordered to close

Kate Braser of the Evansville Courier & Press reports today:

After more than a year of a court battle between Spencer County and an adult entertainment business the county wanted to shut down, Spencer County Circuit Court Judge Wayne Roell ruled in the county's favor. * * *

The dispute began in the fall of 2005 when the Adult Plaza opened at the site of a former truck stop at the U.S. 231/Interstate 64 interchange in Spencer County.

The plaza sits on the border between Spencer and Dubois counties. From the start, many people in both counties said it wasn't a good fit for the community.

Officials have said the exotic dancers and porn shop failed to fit in with the county's family friendly appeal that includes Holiday World and Splashin' Safari theme parks, the Christmas-themed town of Santa Claus and Lincoln State Park.

While Spencer County officials argued the business would cause increased crime and said it opened without filing proper permits, Dubois County officials helped coordinate a community rally against the business.

In May, more than 300 people attended a protest in Huntingburg, Ind., that raised money to help pay legal fees to fight the business.

Throughout the case, attorneys representing Adult Plaza argued the county's zoning ordinance barring adult businesses from operating within 1,000 feet of churches, schools and residences is unconstitutional.

In his ruling, Roell rejected that claim, writing, "Adult businesses have not been denied a reasonable opportunity to open and operate. The regulations restricting operations within 1,000 feet of a residence are valid."

The case was fought in part by nationally known attorneys on both sides. Owners of the Adult Plaza hired H. Louis Sirkin, a Cincinnati lawyer considered one of the most experienced obscenity trial attorneys in the country.

Spencer County retained lawyer Scott Bergthold of Chattanooga, Tenn., along with Wetherill and county attorney Francis Lueken. Bergthold has helped many communities write laws regulating adult businesses.

Wetherill said county officials are monitoring the business to make sure owners comply with the court order to shut down.

While the court decision forces the adult entertainment center's main building and convenience store building to close immediately, an adult motel on the same property likely will remain open until an upcoming hearing, Wetherill said.

"We don't have any indication they are going to be appealing, but it wouldn't surprise me if they did," he said.

A Jan. 16, 2006 ILB entry quoted from an AP story headlined "Adult business dispute draws top lawyers to fight in Spencer".

An interesting earlier story by Kate Braser, quoted in this July 9, 2006 ILB entry, talks about how "[i]ncreasingly, small, rural counties that border major interstates are finding themselves home to adult-oriented businesses." The story also reported:

Fighting the adult entertainment industry in court can be costly for small counties. To date, Spencer County has appropriated $70,000 for the case, said Sara Arnold, county auditor.
The ILB is trying to obtain a copy of Judge Roell's opinion to post here.

Posted by Marcia Oddi on March 13, 2007 10:13 AM
Posted to Ind. Trial Ct. Decisions