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Paris, TN (Oct. 18) - Asserting that the
court intends to “deter future violations”,
Circuit Court Judge Donald Parish has
assessed a fine of $2,500 against Charles
Redden, owner of the “Foxy Lady”
establishment.
Judge Parish found Redden guilty of contempt
and fined him $50 for each of 50 documented
violations of Henry County’s Adult-Oriented
Establishment Registration Act that were
observed by officers with the sheriff’s
department during a two-hour undercover
operation at the facility on September 14.
In his ruling, Judge Parish noted that the
Adult-Oriented Act allows local governments
to exercise control over businesses which
specialize in “adult-oriented
entertainment.” Under the act, such
businesses and their “entertainers” are
required to be registered and licensed with
the county’s adult-oriented establishment
board. The local board also is allowed to
prohibit certain activities, inspect the
facilities and enforce the rules.
Judge Parish provided background of the
case, noting Henry County initially sought
an injunction to bar Redden from operating
his businesses (which also includes “The
Sugar Shack”) as adult-oriented
establishments and prohibiting him and the
entertainers from engaging in certain acts,
specifically semi-nude dancing.
The court issued a temporary restraining
order on August 24, which prohibit the
activities, and on August 31, an injunction
hearing was held before Judge Parish.
At that hearing, Redden appeared with
counsel and consented to the injunction,
asserting that he did not intend to operate
his business as an adult-oriented
entertainment establishment. Redden also
told the court he would not allow his
entertainers to perform acts that are
defined as adult-oriented entertainment.
The temporary injunction was granted by the
court, restraining Redden “and those acting
in concert” with him from engaging in those
acts.
On Sept. 14, three undercover police
officers entered the Foxy Lady around 11:30
p.m. In the course of two hours, they
observed over 50 violations.
A motion for contempt was filed by Henry
County and a hearing on that motion was held
Oct. 16. Judge Parish heard testimony from
Redden, Sheriff Monte Belew and Sheriff
Deputy Chad Davis. A DVD of the activities
also was prepared and introduced as
evidence.
At the contempt hearing, Judge Parish noted,
“Redden does not deny that the entertainers
present…engaged in prohibited acts. Mr.
Redden explains that: (1) he was not present
at the time; (2) the entertainers were
independent contractors; (3) the
entertainers had been told by him not to
violate the temporary injunction; and (4) he
discharged them on learning of their
actions.”
Redden described his business as a
“gentleman’s club”, Judge Parish noted, “but
struggled to put into words exactly what
this involved.” Redden and his counsel again
insisted that he did not operate the
business as an adult-oriented entertainment
establishment as defined by the act and
therefore was not governed by its
regulations.
According to Parish, the DVD clearly shows
prohibited acts by two entertainers at the
business, including: semi-nude dancing;
exhibition of female breasts; and erotic
touching.
“The two entertainers committed so many such
individual acts during the two-hour
surveillance as to be difficult to number,”
the judge noted. “However, conservatively
speaking, the number of such prohibited acts
would equal at least fifty. Mr. Redden is
responsible for their misconduct.”
Judge Parish ruled further that Redden “is
willfully attempting to circumvent the
requirements” of the act and the court’s
earlier injunction.
A stringent penalty is deserved, Judge
Parish concluded “due largely to the fact
that the conduct of Mr. Redden was motivated
by a desire for pure financial gain. Mr.
Redden has attempted to do that which he
cannot lawfully do in Henry County, which is
to operate an adult-oriented entertainment
venue without complying with the act in any
way. There could hardly be a more calculated
and intentional scheme to circumvent the law
and the order of this court than is present
here. The court intends to deter future
violations.” |
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