Indiana Adult Store Vows to Take Shutdown Fight to Supreme Court

The Theatair drive-in movie theater opened in 1947, bringing the people of Clarksville, Indiana, the latest Hollywood blockbusters of the era, with big stars such as John Wayne, Humphrey Bogart and Elizabeth Taylor. But by 1971, the drive-in business had undergone some major changes, causing the Theatair to close—then reopen in 1971 as Theatair X, an open-air venue for what were then generally known as “X-rated movies.” The facility also featured an adult bookstore, and though the drive-in theater came under attack by local authorities almost immediately, it persisted, scoring a big hit with its 1973 run of Deep Throat. By 1980, the drive-in closed down and the screening rooms moved indoors. But Theatair X has survived through its various incarnations to the present day. But now, Clarksville is trying to shut the adult store down once again, this time attempting to use zoning laws and alleged building code violations, rather than obscenity prosecutions, to put the venerable porn shop out of business.  Over the past summer, the town passed a new ordinance requiring the business to maintain “sight lines” that would prevent sexual activity inside the store’s facilities. But on Tuesday, the adult establishment filed an appeal in court to prevent Clarksville from enforcing the new rules—on the grounds that the requirement is unconstitutional, according to a report by WDRB TV.  "The customers of Theatair X have a right to see what they want to see, and Theater X has a right to sell what they want to sell," the establishment’s lawyer, David Mosley, told WDRB. The town also passed an ordinance requiring the business to close between midnight and 6 a.m. But so far, the store remains open 24 hours per day. “They have a lot of business that comes in because it's an adult entertainment place, and we think that is unconstitutional,” Mosely said. “They can't do that."  Mosely vowed that the store would take its battle against the town to the United States Supreme Court if necessary. But according to Tim Hauber, a town council member who wants to see Theatair X close its doors for good, Clarksville is in the fight for the long haul as well. "We will take it as far as we have to take it,” he told the station. Photo via Cinema Treasures