MEMPHIS, TN (abc24.com) - The nightclub where a controversial sex video was recorded will remain closed for at least a few more days. The owners of Club Elements appeared before a judge Monday morning.
The club was shut down last week after it was rented for a private party. That's when the video was shot.
One thing is for sure, the X-rated recording has a lot of people talking, except the owners of the club where it was recorded. They didn't have much to say walking out of court but their lawyer did.
"No one should think for a moment owners knew this happened and or consented to it," stated Robert Spence, who is representing the club's owners.
An internet video recording is causing all the commotion, showing public acts of sex during a private party.
"Why they would film it and send it out for the word to see I have no idea," Spence said.
Truth is if the video hadn't gone viral, the District Attorney may not have taken any action.
In Memphis you can find an array of swingers clubs, bondage clubs, and other places where public sex acts occur. So far the District Attorney's office has not shut down those facilities.
When we asked Assistant District Attorney, Paul Hagerman, how the Club Elements case is different than what may occur in swingers clubs, he replied, "The facts of this case I am not allowed to talk to the media about… This is the case we are here for today and I can only comment on this case and I am limited in what I can say."
The District Attorney says if you know of any place where public sex is happening, call police. A quick internet search turns up at least three.
Truth is some say government has no business butting into a private party; others say the public needs to be protected.
District Attorney Amy Weirich says whether the party was private or not doesn't matter, it is considered a nuisance. Truth is the state nuisance law is vague, and if a district attorney wants a club, apartment or business shut down, the nuisance law is an easy way to do it.