Home > News > Legal News > Fla. Strip Club Prepared to Take Case to Supreme Court • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Fla. Strip Club Prepared to Take Case to Supreme Court

City poised to enforce anti-nudity ordinance recently upheld by federal appeals court; club’s attorney ready to file for Supreme Court review.
Fla. Strip Club Prepared to Take Case to Supreme Court
Get XBIZ News
XBIZ Research
What will drive VR headset adoption among consumers?
Adult Entertainment
  36.99%
Hollywood Movies
  4.11%
Gambling / Gaming
  5.02%
Video Games
  53.88%
Out of 219 votes. Results based on votes submitted by members of XBIZ.net social network.
Sep 14, 2007 12:15 PM PDT    Text size: 
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.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

OPINIONS & VIEWS

Changes in Social Media and What You Need to Know

February was a big month for updates on social networks. Twitter updated their algorithm and is talking about expanding to 10,000 characters. Twitter added gif search. Facebook added “reactions”... More »

Stop ‘Borrowing’ Website Terms and Legal Disclaimers

During the past decade, I have had the honor and privilege of speaking at tradeshows across the U.S. and Canada with some of the brightest entrepreneurs and many respected legal practitioners. I have... More »

Running a Business in a Man’s World

Recently I was honored by XBIZ as 2016 Businesswoman of the Year. It was a fun evening and a very gratifying moment for me. Getting to this point in my career took dedication and persistence and wouldn’t... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

International Lingerie Show

Apr 04 - Apr 06
Las Vegas, Nevada

Sexpo

May 12 - May 15
Sydney, Australia

Adultcon Los Angeles

May 14 - May 15
Los Angeles, California

Eurowebtainment

May 25 - May 28
Majorca, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!