Monday, January 24, 2011

11th Circuit Rules Against "Peek-a-Boo" Lounge!

The 11th Circuit, with Judge Cooke sitting by designation, has ruled against a Bradenton strip club, the "Peek-a-Boo" lounge, which had challenged a ridiculous ordinance designed to take all the fun out of life:
The ordinance allows employees of sexually oriented businesses to appear “semi-nude,” id. § 2-2.5-18(b), defined as “a condition in which a person is not nude, but is showing a majority of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or is showing the majority of the male or female buttocks,” id. § 2-2.5-2. Employees appearing semi-nude, however, must “remain[] at least six (6) feet from any patron or customer and on a stage that is at least eighteen (18) inches from the floor and in a room of at least one thousand (1,000) square feet.””

That would mean at least half the parents at any South Florida children's birthday party held near a body of water would be in violation of this ordinance.

Now that you mention it, I am in violation of this ordinance right now.

But the First Amendment was not designed to protect a majority of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, according to Judge Marcus, mostly because of the "secondary effects" (no, not that kind).

The district court took extensive evidence and, indeed, the County spared no expense, sending in a top investigator, Tom McCarron, to find out exactly what goes on in these clubs:
At Pandora’s Box, Mr. McCarren was able to pay a dancer for a private dance, during which the dancer removed the tape over one of her nipples and allowed Mr. McCarren to touch her breast, buttocks, and genital area. At Paper Moon, Mr. McCarren was able to pay a dancer to go into a back room with him, where she removed all clothing except her G-string and allowed Mr. McCarren to touch her breasts.
Mr. McCarren, you sir deserve a medal for your fierce and relentless pursuit of the facts.

(Or at least a nice massage -- oh wait, that's your next case!)

But in the end, it was Mr. McCarren's dedicated muckraking that made all the difference:
The bottom line (ed. note -- ha ha) is that the County has presented a substantial body of evidence to support its rationale for adopting the ordinance. Peek-a-Boo has failed even to address much of that evidence at all, and it has failed to show that the County’s rationale or this body of evidence was unreasonable.
In other words, "Peek-a-Boo" has bottomed out.


Anonymous said...

repressed politicians strike again

Godwhacker said...

"But we have two children, and we've had sex twice." I'm turned on by the pic. I guess nice behind is nice behind.

Shoot The Lawyers said...

This blog is back! I guess the past three weeks have been slow. I thought for a minute that you lost your touch for the kind of news that moves the legal community in Miami. I was wrong. BTW. Is that picture a young Joanne Worley from Laugh In fame?

Anonymous said...


Perhaps the timing is off, but at some point please address why traffic in and out of downtown had to be closed during both rush hours on Monday morning.

Law Enforcement deserves our support. The murder of the two officers last week was a tragedy, but we do not do this every time somebody gets killed doing jobs that are much more dangerous, that also benefit society (for which they get paid much less).

Anonymous said...

If the ordinance prevented customers from carrying guns at nudie bars it would have been overturned in a heartbeat.

South Florida Lawyers said...

STL, the page hits are there but it's getting harder and harder to figure out what gets a rise out of the readers.

Maybe I should go back to Hitler, Bo Derek, and Chris Carver.

Anonymous said...


Kimmie Pics (enough said)

Anonymous said...

Traffic today was horrible horrible horrible.

Anonymous said...

Traffic was bad because the po po felt it was necessary to remind everybody in Miami that they were burying two comrades today. They timed the morning and afternoon processions to make a statement.

Anonymous said...

Natalie Wood RIP.

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