Club owner guilty of promoting indecency

A Gibson County jury has found a strip club owner guilty of promoting public indecency, a verdict one of his attorneys predicted could affect other clubs across the state. The jury of five men and one woman found Darrell Russelburg, 46, guilty of the misdemeanor charge on Friday. After the verdict, Russelburg told reporters, "I had my chance to speak and I spoke." Russelburg, who owns the Old Hickory BBQ in Fort Branch about 20 miles north of Evansville, faces a maximum penalty of one year in jail and a $5,000 fine when he is sentenced Thursday. During closing arguments, Gibson County Prosecutor Robert Krieg held up a photo of exotic dancers at Russelburg`s club and asked jurors to use common sense about whether they were indecent. "Just look for yourself," Krieg told jurors, asking if the female dancers` buttocks and breasts were exposed. Trial testimony indicated dancers wore thong underwear and latex patches and makeup to partially cover their breasts. One state trooper testified that the dancers` breasts looked completely uncovered. Robin Craig, an attorney for Russelburg, said the dancers met requirements of decency spelled out in Indiana law. She said the law doesn`t specify how much of the buttocks must be covered. Craig said the verdict, which is likely to be appealed, could affect other Indiana businesses where partially nude dancing takes place. "I think the decision is sad for the ladies involved in this case, and other young ladies who think they have that freedom," she said. Russelburg began offering exotic dancing at his restaurant to generate more business. He and his attorneys defend the performances as free speech. Some neighbors objected, and charges were brought against Russelburg and three dancers after state police and other authorities visited Old Hickory on Aug. 15 at Krieg`s request. The three dancers earlier pleaded guilty to appearing in public in a state of nudity with the intent to arouse themselves or another person. All received suspended sentences under a deferral program that will erase the crimes from their records. All three testified during Russelburg`s trial. Craig described Russelburg as a conscientious businessman who checked IDs, offered rides home for drinking patrons and made every effort to learn state laws that pertain to strip clubs. Krieg, however, said the law showed Russelburg guilty beyond any reasonable doubt, and that the photographs of the dancers prove it.

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