(WMC-TV) – The owners of a club shut down due to a raunchy video filmed inside their establishment appeared in environmental court Monday.
Defense Attorney Robert Spence said the owners of the club were not aware what was going on inside when the video was filmed.
"Of course they were not aware," Spence said in court.
Club Elements was temporarily shuttered after a nuisance complaint based in large part on the video from a party inside the club. The video depicts graphic, sexual activity.
"The video is awful. It's terrible. I was shocked when I saw it. And so were my clients," said the defense attorney.
Spence said the owners of Club Elements had no prior knowledge of the what was planned for the party and found out what was going on, like everyone else, when the video hit the Internet.
He says the club owners did not consent and do not condone the behavior exhibited in the video.
Spence said Elements turned over the space to Team Taboo and founder Datron Delaney.
"That's who booked it for his private event. And he paid his money and he used his event just like if he had rented out a suite at a local hotel. It could've been at the Peabody, the Madison, anywhere," said Spence.
Police and prosecutors say they are still investigating the case and bring more action in the future.
Regardless, Club Elements is on the hook.
"We believe in trying to protect people and we believe in business owners assuming the responsibility they've taken on when they open up a business," said Prosecutor Hagerman.
The owners of Club Element will be back in court on Thursday. Action News 5 will be there and will report the latest to you.