Kentucky- Three adult businesses in Shively obtained a restraining order yesterday that places restrictions on the city’s police officers.
The establishments claim that officers have been harassing their customers for at least six months. Shively officials deny the allegations.
The Arcade and Showboat adult bookstores on Seventh Street Road and the Louisville Manor adult bookstore and motel on Dixie Highway all have private video booths and are owned by Club N O Inc.
Jefferson Circuit Judge Geoffrey Morris’ order prohibits police from “swearing at, cursing in presence of, demeaning and remarking about the sexual preferences of all customers, employees, guests” at the businesses.
It also bars police from using any physical force to “disturb or annoy patrons using the viewing booths who are not violating any statute or ordinance.”
In addition, it prevents officers from using police vehicles to intimidate customers and from stopping or questioning customers without probable cause or reasonable suspicion.
Shively Mayor Jim Jenkins said police officers have not been harassing adult-bookstore customers and will not be affected by the restraining order. Nevertheless, the city will fight to have the order dismissed because it wrongly accuses the police department, he said.
In their complaint, the businesses allege that Shively officers have visited the three locations on a “regular and systematic basis” without being called. Once there, officers have “directed abusive and profane language to plaintiffs’ customers, employees and others coming onto the premises.”
The complaint states that officers also have performed “license checks” on vehicles in the businesses’ parking lots “for no other purpose than to harass and intimidate.”
The stores are losing business as a result, according to the complaint.
“We were in a situation where the conduct of the Shively police was becoming oppressive,” said Mike Hatzell, an attorney for the stores.
“It was denying (customers) … the opportunity to read literature of an adult nature.”
Jenkins said the city isn’t denying anyone their legal rights.
The establishments are the only three in Shively licensed by the city’s adult entertainment ordinance. Other adult-oriented businesses – nightclubs that feature dancers – are regulated by the Shively Alcoholic Beverage Control board, the mayor said.
Jenkins said he asked police officers to “check the places daily” to ensure that they were complying with the adult-entertainment ordinance.
He said the city has had a “particularly terrible problem” with the businesses putting holes in their peep booths to allow contact with customers.
The city’s ordinance bans such openings.
“It’s fair to say that we have a lot of complaints alleging prostitution, both male and female,” at the establishments, Jenkins said.
Hatzell said he didn’t know whether openings were being made in walls, but he said the mayor is “spinning” the issue, which Hatzell said is intimidation.
“This is not about holes being drilled into walls,” he said.