DAYTONA BEACH, FL – U.S. District Judge John Antoon may well have cleared the path for all-nude exotic entertainment at Daytona Beach nightclubs that serve alcohol, thanks to a recent ruling that struck down that city’s anti-nudity laws.According to Antoon, the prohibitions against nudity in public places, including those that sell alcohol, violate both the First and 14th Amendments to the U.S. Constitution. The decision has made Fort Lauderdale defense attorney Daniel Aaronson very happy.
“We won on every single issue,” he proclaimed after the victory, which may directly affect his client, Lollipops Gentleman’s Club. Aaronson now has the go-ahead to seek repayment of Lollipops’ legal fees, which are in excess of $100,000.
The case relied in part upon a previous ruling about whether or not adult nightclubs produce negative secondary impacts in their neighborhoods, including crime, prostitution, and illegal drug activities. When the city had proved unable to show evidence of such effects, the clubs pointed out that convenience stores and other non-adult nightclubs were a greater threat. The presiding judge had concluded that “gone are the days when a municipality may enact an ordinance ostensibly regulating secondary effects on the basis of evidence consisting of little more than the self-serving assertions of municipality officials.”
Now the question is how much can dancers in adult nightclubs remove and still be in compliance with regulatory laws. Although Constitutional issues may have been resolved, city zoning laws still must be factored into decisions – and Daytona Beach currently restricts businesses that display nudity to operating exclusively within an industrial area on the far west city limit. This has led deputy city attorney Marie Hartman, who has successfully fought challenges to the city’s nudity regulations since 1981, to conclude that “regardless of this ruling, they’re still not entitled to remain where they are.”
City officials plan to investigate a possible appeal. Among issues to be considered is a December 2004 agreement with Molly Brown’s and the Pink Pony nightclubs, wherein each agreed to drop a federal lawsuit in exchange for being allowed to have their dancers wear more minimal garments. A provision in that settlement required that all adult clubs be granted the same enforcement of city rules.
Gay Edinger, a Gainesville attorney retained by Molly Browns and Lollipops contends that Antoon’s ruling is the first in the nation where a judge has struck down city nudity laws after a full trial.
“A lot of what happens next depends on how the city reacts,” he pointed out. “My guess is the clubs will probably follow suit with whatever change Lollipops might enact.”
Lollipops has not determined yet whether it will remain topless or expand to full nude entertainment, although Ron Krenn, the owner of Molly Browns, insisted that “full nudity with alcohol is what the city can expect if they do not resolve this now.”
