Fox Hole manager to cops: "I plead the fifth"

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Uploaded by on Aug 14, 2010

Ohio Revised Code requires that "adult cabaret" businesses such as the Fox Hole, in Coshocton County, be closed after midnight.

A Sheriff's deputy asked the Fox Hole manager on duty, in the early hours Saturday morning, if the place was open.

"I plead the fifth," the manager replied.

Deputies did not investigate further due to standing orders not to take action.

Ohio Revised Code states:

"No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to Chapter 4303. of the Revised Code may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented entertainment activity in which the performers appear nude."

( see http://codes.ohio.gov/orc/2907.40 )

The Fox Hole does not have a liquor permit.

See the following articles for more information regarding the controversy surrounding the Fox Hole:

"Of ire and brimstone : Churchgoers, strippers protest one another in Coshocton County" by By Holly Zachariah for The Columbus Dispatch. Dated 8-9-2010.

http://www.dispatch.com/live/content/local_news/stories/2010/08/09/of-ire-and...

"Strippers picket the church" by Coach Dave Daubenmire for NewsWithViews.com. Dated 8-12-2010.

http://www.newswithviews.com/Daubenmire/dave203.htm

"The Foxhole: Go for the pie, stay for the pole dancing. Strippers, alcohol, rivalries and pickup trucks? Behind the scenes at one of rural Ohio's most notorious nightspots" by Hannah Curran for the Kenyon Collegian. Dated 11-9-2006.

http://media.www.kenyoncollegian.com/media/storage/paper821/news/2006/11/09/F...

"Understanding may begin end of rivalry between church, Foxhole strip club" by Leonard Hayhurst for The Coshocton Tribune. Dated 8-16-10.

http://www.coshoctontribune.com/article/20100816/NEWS01/8160301/Understanding...

***UPDATE***

***Fox Hole in violation of Ohio law***

Previously, mountvernon1805 provided coverage of the Fox Hole's violation of Ohio Revised Code 2907.40 (b) which requires that "adult cabaret" businesses without a liquor permit be closed after midnight.

Media reports subsequently credited Coshocton County Prosecuting Attorney Bob Batchelor as taking the position that there was a court order preventing the county from taking action against the Fox Hole.

Batchelor provided mountvernon1805 with a copy of the "court order."

(See PDF of the court order: http://mountvernon1805.yolasite.com/resources/bob%20batchelor%20court%20order... )

The court order, which is dated 05/30/2008, appears to be one that is no longer in effect.

The order references another case that involves some of the same legal issues. The language used in the order is that no action is to be taken against the Fox Hole "pending a decision on the preliminary injunction motion in 84 Video."

Judge Solomon Oliver, Jr. did make a decision on the motion on 08/08/2008, stating that "the court denies Plaintiffs' Preliminary Injunction Motion."

Two key paragraphs in judge Oliver's decision:

"Therefore, in balancing the competing interests of the parties and considering that Plaintiffs have not demonstrated a substantial likelihood of success on the merits that R.C. 2907.40 deprives Plaintiffs' of their First Amendment rights, the court finds that Plaintiffs fail to demonstrate irreparable harm. Additionally, when comparing competing harms to the parties, the court finds that the scales tip in the favor of Defendants. Defendants argue that they will suffer irreparable harm from the issuance of a preliminary injunction because an injunction barring enforcement of R.C. 2907.40 during the parties' ongoing litigation would allow secondary effects to go unabated and Ohio's substantial interests preventing these effects to go unfulfilled. Accordingly, the court finds that this prong weighs in favor of Defendants."

"The court finds that the evidence provided by Defendants demonstrates that the Ohio General Assembly, after extensive hearings and consideration of Plaintiffs' arguments, enacted R.C. 2907.40 to minimize the adverse effects of sexually oriented businesses in Ohio and benefits citizens."

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  • lol Plead The Fifth XD

  • FFFFFFFFFFFFFFFIIIIIIIIIIIITTT­TTTTTTTTTTTTTTTHHHHHHHHHHHH

  • I PEADE THE FIFTH TOO BOBBY !!!!!!! LMFAO! we gotta make some shirts man!

  • JC's Girls & Eve's Angels caught on camera Bringing Gifts to the Girls!

  • you keep this up im going to subscribe to you 

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