Florida clubs win round in effort to offer nude dancing
By The Associated Press
07.28.01
DAYTONA BEACH, Fla. — Two exotic nightclubs didn't waste any time in celebrating their legal victory over the city, which had tried to restrict nude dancing.
On July 25, a day after a federal judge granted a temporary injunction stopping the city from enforcing zoning for adult theaters, dancers at the Pink Pony and Molly Brown's were taking it all off.
"It's my right to make my living and put bread on my table any way I choose," said a Pink Pony dancer who gave her name as Breeze. "If you don't like it, don't come in."
U.S. District Judge John Antoon agreed with arguments by the clubs that the city's adult theater zoning rules created an unconstitutional prior restraint on free expression by failing to set rules for timely approval of exotic businesses.
In granting the injunction, Antoon wrote that there's "a substantial likelihood" that Molly Brown's and the Pink Pony would win their lawsuit against the city.
The judge's decision can be appealed to the 11th U.S. Circuit Court of Appeals in Atlanta.
City officials are regrouping after the first defeat in about 20 years of defending adult entertainment regulations. But they believe they have found an opening to shut down one of the clubs.
Molly Brown's is keeping its bikini bar with alcohol downstairs while adding nude dancing with soft drinks upstairs. Attorneys for both clubs claimed the bar areas are separate businesses and no alcohol would be allowed where the dancers perform nude.
City officials disagreed.
"They've got a problem," Deputy City Attorney Marie Hartman said. "Unless they are straight with the state that they no longer have a (liquor) license that covers part of their premises, then they would still be in violation."
Ron Krenn, owner of Molly Brown's, said he had two liquor licenses, one of which he put in escrow.
Mayor Bud Asher said: "The court did not say we could not enforce our ordinance against alcohol and nudity in the same place and I think that's an important distinction."