Fla. Strip Club Prepared to Take Case to Supreme Court

DAYTONA BEACH, Fla. — Attorneys for Lollipops Gentlemen’s Club in Daytona Beach said Thursday that they are prepared to take their challenge to the city’s anti-nudity ordinance to the U.S. Supreme Court.

“We’ve already prepared a jurisdictional brief for the U.S. Supreme Court,” said Brett Hartley, an attorney for Lollipops, according to the Daytona News-Journal.

Representatives of the city said they are ready to make their case in front of the nation’s highest court, as well.

“If they file a petition in the Supreme Court, we will certainly respond,” Assistant City Attorney Marie Hartman said Thursday.

Earlier in the case, a district court struck down the city’s anti-nudity ordinance, holding that the ordinance “did not further the substantial government interest in reducing negative secondary effects associated with adult theaters.” A panel of judges from the 11th U.S. Circuit Court of Appeals later overturned the lower court’s ruling, and earlier this week the 11th Circuit denied Lollipops’ request for a rehearing in front of the full court.

As the legal battle moves on to its next step, Daytona Beach Police Chief Mike Chitwood said his department is prepared to begin enforcement of the city’s anti-nudity ordinance, and soon will send out a letter to local clubs warning them that enforcement is about to begin. Chitwood that enforcement would follow closely on the heels of notifying the clubs.

“Once that letter goes out, we’ll be right behind it,” Chitwood said Thursday, adding that enforcement likely will begin “before the month’s out.”

Under the ordinance, dancers at any club that sells alcohol — or who work at a club that is located within 500 feet of another business that sells alcohol — must wear modest bikinis at a minimum and cannot perform topless or nude.

After the 11th Circuit’s ruling earlier this summer, Hartley told XBIZ that he thought the appeals court’s decision was “clearly wrong on several issues.”

“The city has to show some connectivity between clubs and the supposed ‘negative secondary effects’ that their ordinances are supposed to mitigate,” Hartley said. “The court found that all a city has to show is that it ‘reasonably believes’ that adult entertainment businesses cause these negative secondary effects. Well, [under the court’s standard in this decision], I can ‘reasonably believe’ that Santa Claus exists, or ‘reasonably believe’ that there is such a thing as the Tooth Fairy.”

Regardless of how the courts eventually rule in the case, Hartley said he found the city’s secondary effects arguments less than persuasive.

“The notion that the proximity of a naked breast to an alcoholic drink is somehow going to cause crime is just retarded,” Hartley said.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Product-Specific Local Store Locator Tool 'RetailCurrent' Launches

RetailCurrent, a tool that lets pleasure brands show online customers nearby brick-and-mortar stores with confirmed availability of specific products, has officially launched.

Blush Debuts 'M for Men' Male Sleeve Warmer

Blush has introduced its new M for Men sleeve warmer for male masturbators and strokers.

Orion Debuts 3 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with three new styles.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Nalpac Releases 2026 Winter Catalog

Nalpac has released its 84-page 2026 winter catalog.

2027 XBIZ Exec Awards Nominees Announced for Pleasure Product and Retail Edition

XBIZ is pleased to announce the executive nominees for the pleasure product and retail industry edition of the 2027 XBIZ Awards, presented by Svakom and sister brand Kaotik Labs, set to take place on Saturday, Jan. 9, in conjunction with the XBIZ 2027 event series.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

Full Circle Expands 'Pleasure Company' Vibe Collection

Full Circle has added six new vibrators to its Pleasure Company line.

Fleshlight, Penthouse Partner for New 'Pet' Collection

Fleshlight has partnered with Penthouse to release a collection of strokers based on the anatomy of 12 Penthouse Pets.

Show More