NO. 22-C1-00109 HART CIRCUIT COURT COMMONWEALTH OF KENTUCKY, ex PLAINTIF' rol, Justin Baird, Hart County Attorney, and HART COUNTY, KENTUCKY v. DEFENDANTS SUBTLE, INC, D/B/A HORSE CAVE ADULT BOOKSTORE / DC VIDEO, and FLINT RIDGE, LLC ‘STIPULATED JUDGMENT AND PERMANENT INJUNCTION ‘This matter is before the Court on the parties’ request Lo resolve the ease, per thoir agreement, by entry of this stipulated judgment and permanent injunction. 1. On duly 15, 2022, Plaintiffs Hart County and its County Attorney (collectively, the County”), brought this action for iniunetion and for declaration and abatement of public nuisance, namely the Horse Cave Adult Bookstore (“HC Adult Bookstore”) at 845 Flint Ridge Road (the "Property"), Defendants are Subtle, Inc. dil/a Horse Cave Adult Bookstore DC Video and Flint Ridge, LLC (collectively, “Defondants’) 2. Plaintiffs aro represented by attorneys Justin Baird and Scott D, Borgthold. Defendants are represented by attorneys Roger Rigney and H. Lou Sitkin, 3. Count I of the complaint seeks a declaration that the HC Adult Bookstore is a public nuisance under KRS § 293.010, a perpetual injunction against same, an order of abatement closing the premises for any purpose for one year, and an onder taxing the County Attorney’s attorneys fees against Defendants per KRS § 283.140.4. Count I of the complaint secks an injunction under Hart County Ordinance No, 440.6 prohibiting the Property from boing uaod asa sexually ‘viented business and from otherwise being operated in violation of that Ordinance 5. The complaint alleges that Defendants maintained the HC Adult Bookstore as a nuisance by collecting fees from patrons in exchango for access to ‘reas therein containing video booths and theatre rooms showing sexually explicit films, in which areas patrons regulanly engaged in live sex acts, On many oceasions, Jaw enforcement observed patrons engaging in sexual intercourse, mastuxbation, and oral sox on the premises ofthe Property. HC Adult Bookstore had "glory holes” in the walls between the video booths and offered couches and paper towels in the theatres to facilitate the on-premises soxaleetivity ofits patrons 6. The complaint also alleges that Defendants operated HC Adult Bockstore illegally, without a sexually oriented business license and contraty to restrictions in Hart County Ordinance No. 440.6 and its predecessor, Ordinance No, 440.4 7. Defendants agree that the County has sufficient evidence to prove all the allegations in the complaint and that the County is entitled to all the roliof that it seeks, including a prohibition on the use ofthe Property for any purpose for one year 8. Nevertheless, in order to resolve this litigation, the County Attorney is willing to forogo pursuit ofthe one-year closure order, and is willing to diomiss pending misdemeanor citations against certain HC Adult Bookstore agents, on the condition that Defendants satisfy all of the requisements of this order.Accordingly, for good eause shown, the Couxt hereby enters judgmont against Defendants Subtle, Ine lhfa Horse Cave Adult Bookstore /DC Video and Flint Ridge, LLC, and their officers, agents, servant, employees, heirs, successors, ‘assigns, and thoso porsone inactive coneet o participation with them, as follows 1. By September $0, 2022, Defendants or their agent shall daiver tothe County Attorney's Office at 118 B. South St, Munfordville, Kentucky, a bank cashier's check payable to Hart County inthe amount of $20,000.00; b. By September'90, 2022, Defendant Flint Ridge, LLC shall record a dood restriction on the Proporty at 84 Bint Ridge Road in Hart County, which deed restriction shall prohibit atthe Property: (a) the operation of any sexually oriented busines, (b) the offering of any performance by any person appearing in a state of “nudity” oF “xem nity” as defined in Oxdinance No. 440.6, and (0) the cals or rental of any: i. “sexual device” as defined in Ordinance No, 440.6, specifically, “any three (®) dimensional object designed for stimulation ofthe mate or female human genitals, anus, buttocks, nipple, or for sadomasochistic use or abuse of oneself or othors and shall inclu © devices commonly known as Aildos, vibrators, penis pumps, cock rings, anal beads, butt plags, nipple ‘lamps, and physical representations of the human gonital organs"; and ii, “books, magazines, periodicals or other printed matter, or photograph films, motion pictures, vidoo eassottes, compact dises, digital video discs, slides, or other visual representations which are characterized by their‘emphasis upon the display of ‘specified sexual activities or ‘specified anatomical areas.” “specified sexual activitios" and “specified anatomical areas" shall have the meanings given those terms in Ordinance No. 440.6. Thus, “specified sexual activities” means and includes “any ofthe following: (e) intercourse, oral copulation, masturbation or sodomy; or (b) excretory functions asa past of or in connection with any of tho activities dosribod in (o) above” "Specified anatomical areas" means and includes“) Loss than completely and opaquely covered: human genitals, pubic region: buttock; and female breast below a point immediately above the top of the areola; and (b) Human male genitals in a dicemnibly turgid stato, even if completely and opnaualy covered” © HC Adult Bookstoro is currently closed and will remain permanently closed. Defendants and their officers, agents, servants, employees, heixs, successors, sussigns, and those pereone in active concert of participation with them, are ‘permanently enjoined from operating any sexually oriented business in Hart County, Kentucky 4. [sDefondants or their officers, agonts, servants, employees, heis, suoceasors, assigns, or those persons in active concert or participation with them violate this stipulated judgment and permanent injunction, or fail to accomplish any action required of them herein, such violation or failure will nullify the County's agreement to forogo the one-year closure order as well as the CountyAttomoy’s agreement to dismiss ponding misdemeanor charges against cortain HC Adult Bookstore agents, fDefendants satisfy paragraphs a. and b, above, then on or before October 81, 2022, the County Attorney will dismiss the pending misdemeanor chagos against David Crumpton and Phillip Crumpton for violating County ordinancos and KRS 231,020 (operating a place of entertainment without a permit). so orverep raisin (7 _pavor__Seplehow soa, Hon. Charles G. Simms Tit Chief Judge, Tenth Ju eRAERE IkAvLA ROUNTREE. CLERK Approved as to form and substance: Tustin Baird Scott D, Bowgthold Hart County Attorney Co.Counsel for Plaintiffs Patrick Nash Director and Sole Officer Counsel for Subtle, Ine Subtle, Inc Louis Sirkin Co-Counsel-for $yB}le/Ine. Sie = Member Flint Ridge, LLC 9 iptersureo: AW teenaad on parks8éett D. Bergthold ‘ybrt County Attorney (Co-Counsel for Plants Daniel Morton Patrick Nash Director and Sole Officer Counsel for Subtle, Ine. Subtle, Ine Job Allen Member Flint Ridge, LLCanes agreembny to dismiss p nding misder fae ocrsyasels. | David Geumpton a com 1 viola! cit 281.020 opfatngn fac oe sito a et ited | | Approved as to form and substance: Tustin Baird Hart County Attorney Daniel Morton Director and Sole Officer Subtlo, Inc. John Allen Member Flint Ridge, LLC ee apd. abpve, ths or bite Octbbor 31, teh | 2922, the county Aterney rin an / anor chargds against corti HC fet / / ffl { oe xs Charles Chisf Judge, ‘Tend Scott. Borgthold Co-Counsel for Plaintifis Safee. MES esse ai Louis Sirkin Co-Counsel far Subtle, Ine. Roger T. Rigney Counsel for Flint Ridge, LLCsurm HART imum oH01002 1219206 pseu Cont js @omeooez249 ovsiam2 12:19230M 2 Jee HON. CHARLES C, SIMMS, nt (97062022 Court Docket Page (of? SF is 1 ‘Cl 22-C1-00109 COMMONWEALTH OF KENTUCKY, EX. REL. JUSTIN BAIRD, , ETALY o asi, panic, ‘ATTORNEY FOR DEFENDANT Gi nasi pxrnice r [ATTORNEY FOR DEFENDANT Dinas pxrnick ‘ATTORNEY FOR DEFENDANT ‘pam, sus “ATTORNEY FOR PLAINTIFE Gi scorrp. sereriow ‘ATTORNEY FOR PLAINTIFF eee Bi acn, carueriven, DEFENDANT / RESPONDENT Gi ruvraner, uc, ‘DEFENDANT RESPONDENT 1B morros, baste! DEFENDANT RESPONDENT Gisusne.ivc, DDEFENDANT/ RESPONDENT Ti coMMONWEALTIIOF KENTUCKY, EX. REL, PLAINTIF PETITIONER hus D baxrcounry, kevtucKy, PLAINTFE PETITIONER Cait crediDenied CY Dengertosetor ote: C] Flight Risk meview Tee) bee bee stg ree karen ROUNTRER. SEP 06 2022 art crac corneas ver 10 tess CECEosvaM ct HART ee com eno gntonneze0 oxnwatn2 122anm 2 Joke HON. CHARLES c siBiMS, 1 (312022 coe Dees samarieaa DM Pe re 1 1 2.CLO0I¢9” “COMMONWEALTH OF KENTUCKY, EX. REL, JUSTIN BAIRD, .ET ALY. a S a ae NOAM a Basi, narmck ‘aroRNEY FoR DENPDANT saci perce “ATTORNEY FOR DEFENDANT Sloan usm ‘ATTORNEY FOR FLADVTIFE Gi scorn. aeramo.o ‘ATTORNEY FOR PLAINTIFF exe Baus. camenne nt DerouDavr/nesroNDtsr DB rusraipae tte. Dermubawt RespoNbeNT Gi morrow. oaxie, DEFENDANT RESPONDENT Goupne, nc. DEFENDANT RESPONDENT i covotwehumtorxmxrucky, x, REL, PLANTFEPETTIONER airy Der county, cexrvery, AINTIEPETTTONER Chovitcrei Denied) daersosetocoters T) Fig Risk ‘MOTION TO DISMISS aTIoRNEY FoR DEFENDANT MOTION TO APPEAR PRO.NDE VIE srvewesy ron oaeesban flyer 4 v| moa mr VDo pm bn aly op Stele Wyma wed Cement Tajrrdin. owsy2ea2 nso aM Powe Lof2 ge Signature:File scrooy os Kayla Rountree, Hf inclt Clerks COMMONWEALTH OF KENTUCKY HART CIRCUIT COURT CASE No, 22-€8-109 cl (COMMONWEALTH OF KENTUCKY PLAINTIFE v. SUBTLE, INC.,et DEFENDANTS MOTION TO DISMISS OF DEFENDANT SUBTLE, INC, ‘The Defendant, Subtle, Ine. ("Subtle"), hereby moves this Court pursuant to Ky. CR. 12,02(a) and () to dismiss all elas agains it inthe instant cas, Subtle submits that the business that the Commonwealth seeks to have declared a nuisance is closed and na longer operating ‘Thetefre, the instant ation is moot and shouldbe dismiss. AL Facts Horse Cave Adult Bookstore ("Bookstore") i closed. As shown in the atached photos, and ass apparent to any passerby, the store has been emptied oF inventory and equipment, the signage ‘has been removed, and itis no longer open for business of any kind, B. Legal Standard ‘While this Cour is obligated to accep all well-pleaded factual allegations inthe complaint strc, the Court may also “determine whether they plausibly give rise to an entitlement to relief" Asheroft, Iqbal, $56 U.S. 662, 679 (2009). In this ease, Plaintiff cannot succeed in proving that 1 ited 22-C100109 08222022 —_Kayls Rountree Hart Creu Clerkscraae sa: Kayla Rountee, He “iret Cle itis emttled tothe rele afforded by K.R.S. § 233.010, et seq, and therefore the Court should ismiss the Plaintiffs claims, Legal Argument Since tbe Bookstore is closed he instant case is moot.“ i a inl settled ral in his and al other cours that it will not assume jurisdiction to determine abstract or moot questions and thereby consume and appropriate its time in academic discussion Univ, of Kentucky v. Hatem, (636S.W.34 857, 885 (Ky. Ct. App. 2021) quoting Coke . Shanks, 218 Ky. 402.291 S.W, 362,366 coz, ven ifthe Commonwealth succeeds in proving all of the allegations contained in the complaint, it cannot show that nuisance presently exits. Al of the allegations ofthe complaint refer to events that occured in he past, rior to the elosing ofthe busines. Inthe Complaint, the CConnnsneas has sou injunctive and declaratory rele to abate a nulsane, Sine the alleged nuisance no longer exists, there is no longer a case or controversy for the Court to decide 1 the Commonwealth is require to In order to obtain a temporary or permanent injunet 50"... the existence ofthe house of show that a nuisance presently exists. See K.R.S. § RS. §233.100 ("the existence ofa house of prostitution is prostitton s made to appear cstalished ."). The state relied upon bythe Plaintiff offers only prospective reli The statute does not purport to offer a remedy for an alleged nuisance tht has ceased io exis Kentucky cous have on many ozcasons observed that there i no point in pronouncing judgment "upon some matter which, when rendered, for any reason cannot have any practical legal effet upon a then existing controversy.” Maze v. Kentucky Judicial Conduet Comm 'n, 575 S.W.3d 204, 208 FN 10 (Ky. 2019Xemphasis in original). Since the Bookstore ie closed, this ease is moot and should be dismissed. 2 ist 22-CE00109 08/22/1022 Kapla Roumtoe Hart Citeit CleeFite mcraaie 082220 Kayla Rowntn LY “hnent Chek Conclusion Because the Bookstore has closed since the occurrence of the events alleged in the Complaint, this case is moot, The Court should theefore dismiss the complaint ‘LH.Louis Skin SANTEN & HUGHES {600 Vine Steet, Suite 2700 Cincinnati, OH 45202 (13) 721-4450 (613) 721-0109 (fax) bls@santenhuees.com And ‘s/ PATRICK E, NASH NASH: MARSHALL, PLLC 129 West Short Stret Lexington, Kentucky 40807 “eephar (R59) 754.5232 Fae: (858) 225-4746 Email: pfnash‘anashmarshallcom ATTORNEYS FOR DEFENDANT SUBTLE, INC. NOTICE OF HEARING Notice is hereby given that this matter shall come on for hearing on August 31, 2022 in the Hart Cireut Cour at 8:30am CST. 3 Kayla Route, Hatt Cirit Cli 00108 0s) FileKayla Rouneee, Hx “ireie Clerk Fist crm 08 (CERTIFICATE OF SERVICE, ‘Thereby contfy that on August 22,2022, I electronically filed the foregoing withthe clerk ofthe court by using the K¥eCourseFiling system, which will send a notice of electronic Sing ‘wall panties inthis matter, or service completed by first class mailto any non-KYeCourtseFiling system panicipants. Additionally, a copy has been sent via US. mal to narned defendants who have not yet entered an appearance but whose address have been noticed inthe record by the plaints: Daniel Morton ‘845 Flint Ridge Rel Horse Cave, KY 42769 Flint Ridge, LLC clo Catherine H. Allen, Registered Agent 303 S. Lyndon Lane Louisville, KY 40222 Catherine H. Allon 308 S. Lyndon Lane Louisville, KY 40222, PATRICK F. NASH ATTORNEY FOR DEFENDANT SUBTLE INC. 4 Fite -CLon109 08 Kayla Rountree, Hart Circult Clerk22-cE0010 Kayla Rountree HaFiled -cEooe 08 Kayla Rotmtree, He “iri Clerk Fila 2CroN10 os 2 Kayla Rountree, Hare Circa Clercited scroo1e os) Koyla Rountree, Harr ule Clerk Fie 22-cEoni9 0 Kayla Rountiee, Hatt Cire CesKayla Rountree, Ho “iret Cle Eo01e id cron Kayla Rowntve HavtCitcit ClerkFig s-c10noe 08) Kayla Rowntee, Haiy wet Clerk Filet 22-CL00100 08222022 Kayla Rountve, Hart Circuit Cer.Ftd Fats 22-CF-00108 0s Kayla Ronmtiee, Hau rent Clk z-cE00109 os Kayla Routt, Hatt Circuit Cen-crooi0s os Kayla Rountree, Hay’ ‘ret Clek Hatt Circuit22-cha0108 Kayla Rountree, Hott Circuit Clerk22-croni09 Kayla Rountve, Har’ ent Clee i z-co0 os22022 Kayla Route, Hatt CircuitFite 22-C E0108 Kayla Rountos, Hart” eit Cle NO. 22-€1-00109 HART CIRCUIT COURT COMMONWEALTH OF KENTUCKY, ex PLAINTIFF Rel, Justin Bair, Hart County Attomey, and HART COUNTY, KENTUCKY v. SUBTLE, INC, D/B/A HORSE CAVE DEFENDANTS ADULT BOOKSTORE/ DC VIDEO, DANIEL MORTON, FLINT RIDGE, LLC, AND CATHERINE H. ALLEN MOTION FOR ADMISSION PRO HAC VICE OF HLLOUIS SIRKIN ‘Comes now Defendant, Subtle, Ine. DIB/A Horse Cave Adult Bookstore / DC Video, by counsel, Patrick F. Nash, Esq. and moves the Court to admit H. Lous Sirkin pro hae vice to ‘serve as co-counsl for sad Defendant in this mater, la support ofthis Motion, the undersigned counsel states as Fallows: Filet |. Mr, Sikin sa member in good standing ofthe State Bar of Ohio (Bar No. (0024573) see Exhibit A. 2, He's of counsel withthe law frm of Santen & Hughes, cated at 600 Vine tree, uit 2700, Cincnna, Ohio 45202, 22. -Mr. Siskin seeks to represent Defendant Sub, Inc. D/B/A Horse Cove ‘Adult Bookstore! DC Video in association with, and co-counsel withthe undersigned member ofthe Kentucky Bar Association 4. Mr, Skin understands that by appearing pro hac vice, he will be submitting himself tothe jurisdiction and the rules ofthe Supreme Court of Kentucky. 22-CL00109 087222022 Kayla Rountee, Hart Cie CerFiled 22-cL00100 08 Kayla Ronee, Hart/ aie Clerk ‘5. Tocevidence compliance with Kentucky Supreme Court Rule 3.030(2), attached is Exhibit B, Exhibit C, and Exhibit D are copies of the letters/receipts ftom the Kentucky Bar Association showing receipt of the ro hae vice fee. NASH MARSHALL, PLLC 129 West Short Street Lexington, Kentucky 40807 Tel (859) 254.3252 Fax: (859)225-4746 pfnash/dnashmarshl eon (CERTIFIC, SERVI bert cerity that on August 22,2022 eltoniclly filed the foregoing wth dhe Cesk ‘of the Courtby using the KYeCours Filing system, which wil snd notice of electroni filing toll Dati in this mater, or service completed by frst clase mil to any ron KYeCout ling sysern, parca ditionally copy hasbeen sent via US. malo name defendants who have ot yet ‘entered an appearance but whose address have been nied in thereon bythe plats. Daniet Morton 1845 Fin Ridge Ra, Horse Cave, KY 42769 Fine Ridge, LLC 7 Caerine H. Allen, Registered Agent 543 S. Lyndon Lane Louisville, KY 40222 Catherine H. Allen 303 S. Lyndon Lane ACPATRICK F. NASH. ovis KY 40x22 ‘ATTORNEY FORD FFENDANT SUBTLE,INC, ied 2.CL00100 083220 Kayla Rountree Hatt Circuit CleFils Rountee. fi &} Tue SuPREME Court of OHIO CERTIFICATE OF GOOD STANDING 1, GINA WHITE PALMER, Di Supreme Court of Ohio, do hereby certify that Lam the casted records Of the Office of Attorney Services of the Supreme Court and that the Attorney Services Division is responsible for reviewing Cow records to determine the suites of Oio attorneys. I further certify that, having fulfilled all of the requirements for admission tothe practice of law in Ohio, Henry Louis Siki Attorney Registation No, 0024573 admitted to the practice of law in Ohio on October 27, 1965; an active attomey pursuant 10 the Supreme Court Rules for the Govertiment of the Bar of Ohio; is in good standing with the Supreme Court of Ohio: and fs entitled to practice law inthis state IN TESTIMONY WHEREOF, [have subscribed! my name and affixed! the seal of the Supreme Cont dhs Hkh cay of ist, 2022, GINA WHITE PALMER aa Director, Atorny Sos Divion LL ORNL Shannon B, Scheid Administrative Assistant, Ofiee of Aorny Sevies a Verily by rssh gu Kayla Routes HattFiled 22-CL00109 224 08222022 Kayla Rounte, Hartouncul Cle Sirkin, H. Lot eee esse From: Kentucky Bar Assocition Sent Friday, August 19,2022 3:19 Pt To: Sirin Hovis Subject: Kentucky Bar Associaton - Thankyou for your order H.Louis Siri, i Confirmation for the order placod on 8/19/2022, i “The folowing s a description of re oder: J Order Number i: 868179181 Odored 1 products (se belo bil Prods Number: BYCYR Praduet Pro Hac Fee (Amount includes 92.50% Adminlstatve Processing Fee) Quantity Price Esch $317.75 Tota Price: $317.75 a ‘ota: $317.75 15) Thanks! Kentucky Bar Associaton «Thiel at uated eat sot fn the Kent Ba Assciton_ Please not myo earl | tes no sertom anes tn rt mentees ey hare eset “esto inate plat ot to contact Fuld 100109Filed CEON109/ 08222022 Kasha Rountee, Hare” ent Clee COMMONWEALTH OF KENTUCKY HART CIRCUIT COURT 22-C1-109 COMMONWEALTH OF KENTUCKY PLAINTIFF v. SUBTLE, INC. DEFENDANT D/B/A HORSE CAVE BOOKSTORE/DC VIDEO ENTRY OF APPEARANCE Comes the undersigned attomey, on behalfofdfendant Subtle Inc, and hereby gives nie ‘otis entry of appearance, The undersigned wil be representing Sub Ine inthe shove captioned ‘mater along with Hon. H. Lous Sirkin of Cincinai, Ohio, whose Motion for Admission Pro Hae ‘Vice is pending. The undersigned respectilly requests that all future pleadings, orders, et, be \iested tothe undersigned and Mr, Sirkin as the attorneys of record forthe defendant Subtle, tne (5! PATRICK F.NAS} NASH» MARSHALL, PLUC 129 West Shor. Sieet Lexington, Kentucky 40507 ‘Telephone: (859) 254-3232 Fax: (859) 225.4746 Email: pfaash@nashmarsballcom ATTORNEY FOR DEFENDANT SUBTLE, INC. 1 Fite acto 082220 Kayla Rowntree, Hatt Circuit Clerkited cr00109 8 Kayla Rountree, Hast’ nit Clerk CERTIFICATE OF SERVICE, hereby conf that on August 22,2022, I eletroncaly filed the foregoing withthe Clerk ofthe Court by using the KYeCourts eFiling system, which will send a notice of electronic fling ‘wall partis in this matter, or service completed by frst class mailto any non-KYeCourts eFiling system paticipants. Additionally, a copy has been sent via U.S. mailto named defendants whe have not yet entered an appearance but whose address have been noticed in the record by the plaints Daniel Morton ‘845 Flint Ridge Rd Horse Cave, KY 42769 Flint Ridge, LLC lo Catherine H. Allen, Registered Agent 303 S. Lyndon Lane Louisville, KY 40222, Catherine H Allen 303 S. Lyndon Lane Louisvili, KY 40222, Jo PATRICK F. NASH ATTORNEY FOR DEFENDANT SUBTLE INC. 2 Fite Reronw 8 Kayla Rowntve Hart Circt CleNO. 22.c1.00109 MART CIRCUIT couRT COMMONWEALTH OF KENTUCKY, ex PLAINTIFF 3a) Tustin Baird, Hart County Attorney, and HART COUNTY, KENTUCKY DEFENDANTS ORDER ‘his matter being bef the Cou andthe Court being others ‘ulcienly advise; "TTS HEREBY ORDERED that his casi et fr a hearing on Wednesday, August 8, 2022, 8:90am, 80 ORDERED THs tHe 2.6 pay op Ty anes Friday, July 15,2022 247 PM, Seot Bergthold Kentucky Bar Assocation - Thank you fr your onder Kentucky Bar Association 514 W Main St, Frankfort, KY 40601 Scott Bethe, Confemation for the order placod on 7/15/2022, ‘The followings @ desertion of he order: Cor Namberie: SsBRaaRe (Ocdorod 1 products (see below Prod Number: BYCYR? Product: Pro Hac Fee (Amunt includes a 2.50% Adminitrative Processing Fee) Quanity: 2 Price Each: $317.75 Total Price: $317.75 Total: $317.78 Thanks! Kentucky Bar Assoriaton "is an auorsog a sri tom be Keriuky Bar Astorinton, Pease da ately somo message in ort. plese fala ocr us 2LCEOOIOS 07202022 Kayla Rowntee Hse Cis ClerkFilet Scott Borgthold frome Kemet Ba tacit rectally com> Sen iy, Jay 152002251 te Scot Sergold Sijece Poyment Ree rom Ket a socton for 81775 Payment Receipt $317.75 Kentucky Bar Assocation ‘Account Holder 514 Was Main Set Scot Brgld Franko, Kentucky 40801 2200 Opetroe Avene Sie 106 (502) 504.3785 CChatanooge, Tennesse 27421 Payment Summary Account Payments ‘amount Pai: sors Reternce: 20080566 Payment Method: MaserCaré Orpunzaton; Law OfenofScatD. Card Number Beghols PLLC Entry Mode: Notes: Onin tre Order uth Cod Payment Date: July 15, 20220240 pm Transactonlé: rasan, F revanee eeuoman (9 AEA: cation Fie p-crono — arauaers + Rountce, Hart Circuit Cleie n-cL0) Kayla Rountree. F Circuit Clerk COMMONWEALTH OF KENTUCKY HART CIRCUIT COURT CIVIL ACTION NO. 22-C1-00109 COMMONWEALTH OF KENTUCKY, ex PLAINTIFFS Re, Justin Baird, Hart County Attomey and HART COUNTY, KENTUCKY vs. SUBTLE, INC. D/B/A HORSE CAVE DEFENDANTS ADULT BOOKSTORE/DC VIDEO, DANIEL MORTON, FLINT RIDGE, LLC, and CATHERINE H, ALLEN NOTICE OF FILING Pease take notice that the Plaintiffs by and thro addresses of Defendants herein, counsel, are hereby filing the Sabie, Ine. clo Harriet L. Alin, Registered Agent 7086 Tates Creck Road Lexington, Ky 40515 Daniel Morton 845 Fline Ridge Road Horse Cave, Ky 42749 Flint Ridge, LLC fo Catherine H. Allen, Reystered Agent 303 S. Lyndon Lane Louisvlie, Ky 40 Catherine H. Allen 503, Lyndon Lane Louisville, Ky 403 Respeetilly submitted, HART COUNTY, KENTUCKY Date: July 22,2002 By: {Justin Baird Jatin Baird Hart County Attorney 113 East South Street Filet 22-C1.00100 Kayla Route, Hott Circuit Cleno, 22.c1 OD (04 HART cIRCUTT couRT COMMONWEALTH OF KENTUCKY, ex PLAINTIFF rel, Justin Baird, Hart County Attorney, and HART COUNTY, KENTUCKY DEFENDANTS SUBTLE, INC. D/B/A HORSE CAVE, ADULT BOOKSTORE / DC VIDEO, DANIEL MORTON, FLINT RIDGE, LLC, and CATHERINE H. ALLEN COMPLAINT FOR INJUNCTION AND FOR DECLARATION AND ABATEMENT OF PUBLIC NUISANCE Comes the Plaintiffs, Commonwealth of Kentucky upon the relation of Hart County Attorney Justin Baird Commonwealth’) and Hart County, Kentucky (the County"), by counsel, and for thotr eause of action herein, state as follows: 1, In this civil action, the Plaintiffs seek temporary and permanent injunctive relief, a declaration of public nuisance, and an order abating the nuisance. 2 dustin Baird is the Hart County Attorney and is authorized by KRS § 239.030 to maintain an action to enjoin a house of prostitution, 8, Hart County is a political subdivision of the Commonwealth of Kentucky. 4. Defendant Subtle, Ine. d.b.a, Horse Cave Adult Bookstore / DC Video CHC Adult Bookstore") is a corporate entity conducting business at 845 Flint Ridge Road, in Horse Cave, Kentucky. 5. Defendant Daniel Morton is the sole officer and director of Subtle, Ine. 6. Defendant Flint Ridge, LLC owns the real property at 845-Plint Ridge Rond— kavLA ROUNTREE, CLERK| 15 2022 coun or where HC Adult Bookstore operates, arrch et7. Defendant Catherine H. Allen is the Member and Manager of Flint Ridge, LLC. 8. David Crumpton is an agent of Subtle, Ine. and/or Flint Ridge, LLC, and, in any event, serves as a manager at the HC Adult Bookstore, FACTS Background and History Hart County has regulated sexually oriented businesses since atleast 2004, through Ordinance No, 440.4 10, Section IV of Ordinance No, 440.4 regulated viewing rooms where sexually explicit videos are shown, requiring thatthe “interior ofthe premises shall be configured in such a manner that there shall be an unobstructed view from a manager's or cashier's station of very area of the premises to which any patron is permitted access for any purpose extlullg restrooms, The view required in this section must be by direct line of sight from the manager's or cashier's station, 11, Section 1V of that ordinance also required that viewing rooms or booths have ‘minimum interior illumination, that they be limited to single occupancy, that they not have “glory holes” or other openings between booths, and that ‘management observe the activities in the establishment and in the booths by a direct line of ste, 12, In2005, after the County arrested its manager and several workers for violating Ordinance No, 440.4, the predecessor operator of the sexually oriented business at 845 Flint Ridge Road sued Hart County in this Court. JABR, Inc. v Hart County Judge Executive, et al., Case No, 05-CT-00090 (Hart Cireuit Court),13. The suit sought to havo Ordinance No, 440.4 and KRS Chapter 231 declared ‘unconstitutional 14. The predecessor operator also sued Hart County in federal court seeking similar relief. JABR, Ine. » Hart County Judge Executive, et al, Case No. 1:05- CV-80-R OW.D, Ky). 16, The federal court abstained from adjudicating the ease so that the issues could be adjudicated in this Court. See Order Granting Hart County's Motion for Abstention, Case No. 05-CV-80-R (W.D. Ky. July 15, 2005. 16, Ultimately, this Court (Raikes, J., Spocial Judge) ontorod its Findings of Pact, Conclusions of Law and Judgment on May 11, 2006. 17. The Court rejected al of the sexually oriented business's constitutional challenges, with the exception of a challenge tothe inspection provision whieh was lator amended Nuisance Activities Documented 18, For many years, HC Adult Bookstore has operated video viewing booths and theatre roms that patrons ean aeeess by paying an entrance foo 19, The video booths and theatre rooms are behind a door within the HC Adule Bookstore, and a patron must pay HC Adult Bookstove an entrance fee to gain aco0ss to that aren, 20, HC Adult Bookstore allows patrons to engage in sexu activity in the video booth and theatre rooms area at its business,21. On several oceasions, Hart County law enforcement officers have observed patrons engaging in sexual intercourse, masturbation, and oral sex in the video Dooth and theatre room area at HC Adult Bookstore. 22, HC Adult Bookstore has ‘glory holes” in the walls between its video booths, which facilitate patrons who engage in sexual activity with the occupant(s) of aan adjacent video booth, 23. Video booth doors also have locks so that booth occupants can have privacy for thoir sexual activities within, 24, HC Adult Bookstore has couches and rolls of paper towels in the video booth and theatre room area for patrons use to engage in sexual activity and to elean up afterwards, . HC Adult Bookstore has a security camera system that allows its cashier to see the activity that oceurs in the video booth and theatze room area, but the business does not stop patrons from engaging in sexual activity therein. 26. HC Adult Bookstore has used video footage of patrons engaging in sexwal activity in the video booth and theatre rooms area to promote its business as a place for engaging in (and observing others engaging in) sexual activity 27. HC Adult Bookstore has been providing paid access to the video booth and theatre rooms area as a place for engaging in sexual activity for many years. 28, HC Adult Bookstore has sold items, such as “poppers” and condoms, for patrons to use before or during soxual activity on the premises.29. On September 3, 2019, a patron died in the video booth and theatre rooms area of the HC Adult Bookstore. 30, On October 2: 1019, another patron died in the video booth and theatre rooms area of the HC Adult Bookstore. 31. In Novembor 2019, an investigator went to HC Adult Bookstore. paid the $20 entrance fee, and went into the video booth and theatre room area. He saw several individuals engaging in sexual nets, and he was ncsosted by people who followed hinm, tried to touch him, and tried to get him to go into a video booth With @ glory hole to engage in soxual activity 82. In December 2019, an investigator went to HC Adult Bookstore, paid the $20 entrance fee, and went into the video booth and theatre room area. There the investigator saw three male patrons masturbating. The investigator later saw {so male patrons performing oral sex on each other. Other patrons followed the investigator and asked him to go into video booths for sex 33, Also in December 2019, an investigator paid the $20 entrance fee to enter the video booth and theatre room area at HC Adult Bookstore, and back there he saw man masturbating. Then man then approached and sat down beside the investigator and tried to place the investigator's hand onto the man’s genitals 34, In December 2019, investigators spoke with customers at HC Adult Bookstore ‘who confirmed that they came to the business to have sex.36, a7. 38, 39. 40. 41, 42 43, 44 (On December 6, 2019, law enforcement officors served a search warrant at HC Adult Bookstore, but an undercover officer insido the business had to unlock the business door so that officers could enter the business. In the following woeks, law enforcement acer issued several citations to people found to be engaging in sexual activity in the video hooth and theatre zoom area at HC Adult Bookstore, HC Adult Bookstore would warn patrons in the video booth and theatre room area when police wore arriving on the premises, Recent Nuisance Activi HC Adult Bookstore has continued to operate as a nuisance, (On May 7, 2022, an investigator went to HC Adult Bookstore, paid the $20 ‘entrance fee, and entered the video booth and theatze room area, ‘The investigator saw a male patron exposing his genitals and masturbating in that area, Two other patrons had sex inside a video booth. The investigator also saw a female patron performing oral sox on a male patron. While the investigator was in the video booth and theatre room area, the HC Adult Bookstore attendant blinked the lights inthe room when Taw enforcement oficors arsived at the business (On June 18, 2022, an investigator wont to HC Adult Bookstore, paid the $20 entrance fee, and entered the video booth and theatre room aren ‘The investigator saw a patron sitting on «couch and masturbating in one ofthe theatre room, ‘The investigator also saw glory holes in the walls between the video booths.COUNT ONE: NUISANCE ABATEMENT UNDER K.R.S. CHAPTER 233 45, Plaintiffs incorporate paragraphs 1-43 as though fully set forth herein, 46, HC Adult Bookstore is a house of prostitution under KRS § 233,010 because it is a place used for the purpose of lowdness, assignation, or prostitution 47. HC Adult Bookstore engages in the commercial activity of eollecting fees from patrons to accoss areas which axe provided, arranged, configured, and appointed to facilitate live sox acts on the premises. 48. Defendants are guilty ofa nuisance per KRS § 233.020 because they establish, continue, maintain, own, oceupy, lease, and/or lease HC Adult Bookstore as a place used for the purpose of lewdness, assignation, or prostitution, 49, Under KRS § 233.030, the County Attorney brings this action in equity in the same of the state for a permanent injunction against the house of prostitution, the person conducting or maintaining it, and the owner or agent of the building or ground upon which it is located, 50, The Commonwealth seeks, and is entitled under KRS § 293,050 to, the entry of a temporary injunction without bond against the operation of HC Adult Bookstore because it is « house of prostitution as defined by governing law. 51, ‘The Commonwealth seeks, and is entitled under KRS § 293.100 to, an order of abatement that directs the removal of all fixtures, funiture and other movable property from HC Adult Bookstore, that directs the sale of those items, and that closes the premises for a period of one (1) year, 52, ‘The County Attorney also socks under KRS § 283.140 an order taxing the County’s reasonable attorneys’ feos a8 a part of the costs of this action.COUNT TWO: INJUNCTION UNDER ORDINANCE NO. 440.6 38, Plaintiffs incorporate paragraphs 1-51 as though fully set forth herein, 54, Ordinance No, 440.6 (the Ordinance") defines and regulates soxually exiented businesses within Hart County. (Attached as Exhibit 1) 85. The Ordinance, a suecestor to Ordinance No, 440.4 which was previously upheld by this Court, was passed and took afact on June 2, 2022. 56. Section 3(a) of the Ordinance states that itis unlawful to operate a sexually oriented business in the County without a valid sexually license 57, Under Section 2 of the Ontinance, “operate” moans to cause to function or to Dut or keep in a state of doing business 58, An “operates” is any person who manages, supervises, or controls the sexually ‘viented business or a portion thereof. 59, Section 16(a) required preexisting sexually oriented businesses to file a completed application for asexually oriented businoss license by Juno 22, 2022. 60, Defendants are operating HC Adult Bookstore as an “adult arcade” as that tovm is defined in Section 2 ofthe Ordinance. 61. Defendants are operating HC Adult Bookstore as an “adult bookstore” as that term is defined in Section 2 of tho Ordinance 62. Defondants are operating HC Adult Bookstore as an “adult motion picture theater” as that term is defined in Section 2 of the Ordinance 63, Defendants are cperating HC Adult Bookstore as a “sexually oriented business" as that term is defined in Section 2 of the Ordinanee,71, Section 17(@) makes it unlawful for an operator of a sexually orionted business to knowingly or recklessly allow a person to violate the regulations in Section ¥, 72, Defendants are violating Section 13(a)(4), Section 13(b), and Section 17(g) because they knowingly and recklessly allow persons to engage in sexual activity on the premises of HC Adult Bookstore. 73. Defendants are violating Section 13(a)(7) because they knowingly and recklessly fail to comply with the interior configuration requirements and fail to ensure a direct line of sight. from an operator's station to every area of the premises, excluding restrooms, to which any patron is permitted access, 74, Defendants are violating Seetion 13(a}(5)iii) and Section 13(b) because they are knowingly and recklessly allowing glory holes to remain between viewing ‘rooms on the premises of their adult arcade. . Pursuant to Section 15(c) of the Ordinance, the County is entitled to an injunetion that requires Defendants to close HC Adult Bookstore until they obtain a valid Hart County sexually criontod business lconse under the Ordinance. 76, Pursuant to Section 16(0) of the Ordinance, the County is entitled to an injunction that enjoins Defendants from allowing sexual activity to occur inside HC Adult Bookstore 77. Pursuant (o Section 15(@) of the Ordinanee, the County is entitled to an injunction that enjoins Defendants from allowing patrons to enter areas of the 10HC Adult Bookstore premises, excluding restrooms, that are not observable by a direct line of sight from an operator's station in which an employee is positioned any time the establishment is oecupied by patrons or open to the public, 78. Pursuant to Section 15(0), the County is entitled to an injunction that enjoins Dofondants from operating an adult arcade if there are any “glory holes” in dividers betwoen viewing rooms. 79. Section 15(b) of the Ordinance specifies that: “Any promises, building, dwelling, or other structure in which a sexually oriented business is repeatedly operated or maintoined in violation of this ordinance shall constitute a nuisance and shall he subjoet to evil abatement proceedings ina court of competent Surisdition* 80, The HC Adult Bookstore building at 845 Flint Ridge Road i a public nuisance because itis repeatedly operated and maintained in violation of numerous provisions of Ordinance 440.6, as deseribed in the preceding paragraphs, and as willbe shown in the progress ofthis action, 81. ‘The County is entitled toa declaration that the HC Adult Bookstore building at 845 Flint Rigo Road is a public nuisance under Section 150) of the Ordinance sind subject to abatemont 82, ‘The County is entitled to an order abating the public nuisance at the HC Adult Bookstore building at 845 Flint Ridge Road. WHEREFORE, Plaintiffs demand ae follows: uOn Count One, ‘8, a temporary injunction without bond against the operation of HC Adult Bookstore because its is a house of pr itution as defined by governing law; b. declaration that HC Adult Bookstore is a publie nuisance under KRS § 298.010; ©. a perpetual injunction against the house of prostitution, the person conducting or maintaining it, and the owner or agent of the building or ground upon which itis located: d. an order of abatement that directs the removal of all fixtures, furniture and other movable property from HC Adult Bookstore, that directs the sale ‘of those items, and that closes the promises for a period of one (1) year: ©. an order taxing the County Attorney's reasonable attorneys’ fees as a part of the costs of this action; On Count Two, 8. an injunction that requires Defendants, and all persons in active concert or participation with them who receive actual notice of the injunetion, to close HC Adult Bookstore until they obtain a valid Hart County sexually oriented business license under the Ordinance: b. am injunction that enjoins Defendants, and other persons in active concert or participation with them who receive actual notice of the injunetion, from allowing sexual activity to occur inside HC Adult Bookstore; 2«an injunction that enjoins Defendants, and other persons in active concert or participation with them who receive actual notice of the injunetion, from allowing patrons to enter areas of the HC Adult Bookstore premises that are not observable by a direct line of sight from an operator's station in which an emplesce is position any timo the establishment is occupied bs patrons or open tothe public: 4. an injunction that enjoins Defendants, and other persons in active concert or patticipation with them who receive actual notice of the injunstion, from operating an adult arcade if there are any “glory holes in dividers between ‘viewing rooms: «. a declaration thatthe Horse Cave Adult Bookstore / DC Vieo building at 849 Funt Kidz Road is public nuisance; f, anorder abating the publie nuisance at tho Horse Cave Adult Bookstore / DC Video building at 845 Flint Ridge Road: and For all other relief to which Plaintiffs may appear entitled. Respectfully submitted, HART COUNTY, KENTUCKY Date: July 15, 2022 By: /s! Justin Baird Justin Baird Hart County Attorney 113 East South Street ‘Munfordville, KY 42765 Phone: (270) 524.2547 jbairdaprosceutors. ky gov Counsel for Plaintiffs 13,‘ROG-108 Dee, Gode: CCS Rew 7-22 Page tof Commonwealth of Kentucky Court of Justice www kyeouregor © CIVIL CASE COVER SHEET case No: 22:0 DOING, cours iRCuT Coury: ffa@ TF] Division: PLAINTIFFIPETITIONER oa IN REIN THE INTEREST OF (COMMONWEALTH OF KY, ere Justin Bid, Hart County Aor DEFENDANTIRESPONDENT, i pplcabe: SUBTLE,INC, etal and HART COUNTY, KY. Check here it YOU DO NOT HAVE AN ATTORNEY and ere REPRESENTING YOURSELF (2 Sat Representd (Pro Sef Lge most important. Nature ofthe Gase: Place a°X"totheleofthe ONE case catogory thal most accurately describes you PRIMARY CASE. 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