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Adult Stores, Threatened With Huge Fines, Vow to Remain Open
CNSNews.com ^ | November 19, 2001 | Rick Sarlat

Posted on 11/19/2001 12:38:13 PM PST by Stand Watch Listen

Daytona Beach, Florida (CNSNews.com) - Several adult-oriented businesses are embroiled in a bitter feud with Daytona Beach, Fla. officials who have ordered them to shut down or pay a hefty price.

Three adult stores, XTC Adult Supercenter, The Banned Bookstore and House of Leather were warned to cease offering sexually explicit merchandise or they would be fined $1,000 a day. Four adult clubs have been given a harsher ultimatum -- cease and desist altogether or be fined up to $5,000 a day.

The dispute landed in federal court over the summer, with the businesses suing the city over ordinances which control where such adult-oriented businesses can be placed. Late last month, a federal judge ruled the city could not shut the businesses down, but could levy fines as it saw fit. City officials recently began issuing notices warning about the fines, which are scheduled to take effect this week.

"All they have to do is shut down to avoid the fines,'' said Mayor Baron H. Asher.

The business owners, however, are adamant in their refusal to comply. "The deadline is bogus," said Mike Piscitelli, an associate with Ellenton Video Inc., which owns the XTC. "We're aware of their ultimatum and we know that they can issue citations up to $5,000 a day. However we are absolutely never leaving this location, under any circumstances or conditions.''

Ron Krenn, owner of Molly Brown's I and Molly Brown's II, a bikini dancing club and a nude dancing club respectively, echoed those sentiments.

"We're staying open no matter what," he said. "This whole thing is a circus show. They think they're going to fine us out of business, but we're not going anywhere."

Krenn said city officials have gone as far as fabricating violations to drive him out of business. Molly Brown's I was issued a $2,500 fine for one its female entertainers showing too much skin.

But Asher denied the fine was trumped up and said the city intends to fight until the end.

"We don't intend to back off one iota," Asher said. "We are going to rigidly enforce our zoning ordinances and land-development codes. Period. Exclamation point."

Asher added that if inspectors can prove the adult clubs, which include two others named The Pink Pony and Lollipops, remained open between the time of the first fine until the code board's December meeting, each will face a $100,000 fine.


TOPICS: Culture/Society; News/Current Events
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To: Chad Fairbanks
You are, perhaps, wrongly assuming that these government officials don't represent a significant number of citizens in their community. They're also the duly elected representatives of their communities. If enough folks want smut in their town, they can't vote 'em out next election, wouldn't you say?
161 posted on 11/20/2001 7:14:17 AM PST by joathome
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To: culpeper
Go to a area which has a porn shop near it sometime, park in the lot across from the store and watch the clientele enter and exit. I think you would be shocked and amazed who goes in and out of there. Doctors, Lawyers, Teachers, Politicans, Nurses, Policemen, Firemen etc... It isnt just the scruffy pervert in the dirty raincoat anymore.
162 posted on 11/20/2001 7:15:37 AM PST by All-American Medic
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To: All-American Medic
Excuse me, but we are discussing publicly protected "speech". You may do whatever you wish in your home. I do. :)

Porn is NOT covered by the constitition as a free speech issue. I don't think the Supreme Court has ever ruled that.

163 posted on 11/20/2001 7:17:14 AM PST by joathome
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To: Kevin Curry
"The essential difference of course, is that--contrary to what you learned in Prof Harry Browne's Con Law 101 course--sexually obscene materials have no Constitutional protection, but religion and gun ownership do. SCOTUS would have to legislate from them bench a la Roe v. Wade for the opposite view to hold. The community has the right and power to empty these scum bucket places and send the porn purveyors packing. As much as that might anger the pro-dope, pro-porn, pro-sodomy libertarians, that's just the way it is." Check the libertarian party platform sometime, the lp strongly favors the abolition of all gun control measures. I am also a pro-life libertarian, I believe in the rights of the individual, and unborn child to me is an individual deserving of constitutional protections.
164 posted on 11/20/2001 7:18:45 AM PST by All-American Medic
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To: joathome
Nothing is "protected by the government" - the constitution specifies that things are "protected FROM the government". Porn Shops and those types of places have no business being in an area zoned as residential, at least in my opinion, but to change the zoning and making it apply retroactively is wrong...

That being said, someone mentioned that Bible Stores and Gun Shops are protected by the constitution, but that is incorrect - they are subject to zoning regulations the same as smut shops - what happens to one can easily happen to others... I am very wary of opening this can of worms, because if the community wins on this one, what's to stop a community of left-wing commies from deciding they don't want gun shops around their kids???? Where do we draw the line???

The way I see it, "obscene" material is NOT protected by the constitution when in the public arena (i.e. TV, Movies, Billboards, etc...) - as long as it's behind closed doors, it IS protected. And I doubt very seriously that these shops have tables outside their establishments with their wares displayed for everyone and anyone walking by.

165 posted on 11/20/2001 7:19:18 AM PST by Chad Fairbanks
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To: joathome
Local communities should have the right to ban businesses that don't reflect the general morality of that community as long as it is not protected by the government, like porn shops, topless dancing, etc.

Gun shops are not "protected by the government". Residents could just as easily say firearm sales do not reflect the general morality of their town, and if someone wants a gun they should go to the next town and buy it. Why do you propose using the power of government instead of citizen activism such as boycotts and picketing? Better yet, collect enough money to buy out the store owner and replace the porn shop with something more befitting your town.

When you use the big government stick for your own causes, expect it to be used by your enemies in a hundred ways you never anticipated - perhaps in ways that run directly counter to your cause.

166 posted on 11/20/2001 7:20:37 AM PST by NittanyLion
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Comment #167 Removed by Moderator

To: joathome
Obviously, your community is different than mine - here, the zoning people are not elected... and that IS what this is about - zoning.
168 posted on 11/20/2001 7:22:21 AM PST by Chad Fairbanks
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To: Demosthenes
before you spazz, remember a similar approach toward pornography was part of what Rudy used to clean up Times Square....and it was proven to be a smashing success...

Yes, that is correct. Pornography has never been fully protected by the 1st Amendment, and this has been confirmed (rather than invented) by case law. Rudy cleaned up Times Square, and it is a place where people are not afraid to go now.

Of course, stating so invites all the "Taliban" remarks from the those non judgemental libertines (I guess the Nazi references are considered not in fashion now).

But that is okay - I continue to stand up for community standards and ignore the spitballs.

169 posted on 11/20/2001 7:22:58 AM PST by Hacksaw
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To: All-American Medic
I am SOOOO glad people have managed to bring this back on topic and get rid of the exhibitionism.

I KNEW you could do it neighbor!!!!!

170 posted on 11/20/2001 7:23:23 AM PST by Neets
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To: innocentbystander; one_particular_harbour; StoneColdGOP
Ok, I know OPH wants to subscribe to the web service Stone and I may offer, but I am taking it you might need some more prodding. ;-)

And yes, it's TMI.

171 posted on 11/20/2001 7:23:27 AM PST by Bella_Bru
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To: NittanyLion
Bingo - couldn't have said it better myself... Unintended Consequences...
172 posted on 11/20/2001 7:23:40 AM PST by Chad Fairbanks
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To: joathome
Yes but as a business owner, the owner of the store should not be harrassed by the "moralists" in the community, If you do not wish to view porn, then dont buy it. The business is a private entity and not publically funded by the community, If this were say an "art exhbit" at a public building (ie Library), then I would wholeheartedly agree with your point about community standards. But the community should NOT have the right to run someone out of business as long as the business owner is engaging in LEGAL business operations. Again as I stated in my first response to you, what if community standards in a leftist community decided that Bible Bookstores were offensive to the community because of the conservative teachings, should they be allowed to force that store out of business?? This is not a free speech issue, this is an economic issue.
173 posted on 11/20/2001 7:25:46 AM PST by All-American Medic
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To: Chad Fairbanks
Bingo - couldn't have said it better myself... Unintended Consequences...

Well, to be fair you did say pretty much the same thing - only you beat to me to the punch by one minute. Great minds think alike, I guess. ;-)

174 posted on 11/20/2001 7:26:38 AM PST by NittanyLion
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To: Chad Fairbanks
I beg to differ that it has to be outdoors or in full public view in order to be regulated.

For instance, many communities and states have anti-gambling rules, because the voters know that gambling "businesses" change the fabric of a community. Most gambling, last I saw, didn't take place on sidewalks or in full public view.

And there, again, a little gambling over a poker game in one's living room is not the same thing.

175 posted on 11/20/2001 7:27:03 AM PST by joathome
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To: OneidaM
Good Morning to ya........
176 posted on 11/20/2001 7:27:55 AM PST by All-American Medic
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To: innocentbystander
And you are a fine one to talk. You and 2trievers were suffering from TMI on that bulge thread.
177 posted on 11/20/2001 7:29:08 AM PST by Bella_Bru
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To: culpeper
Would you want a porn shop in your neighborhood?

We had a "porn shop" in our neighborhood (about four blocks away). I drove by it twice a day but never patronized it. When our civic association got worked up about it I told them that I would immediately go to the assistance of anyone I observed being forced to go to that shop. I watched very closely and I'm pleased to say that I never had to go to anyone's assistance.

We have had numerous murders, assaults, robberies and other violent crimes "in our neighborhood" because of Cantinas, Clubs, apartments and drive in grocery stores, etc. I don't think any of these crimes were attributed to those who patronized the "porn shop".

178 posted on 11/20/2001 7:29:15 AM PST by FreePaul
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To: NittanyLion
"When you use the big government stick for your own causes, expect it to be used by your enemies in a hundred ways you never anticipated - perhaps in ways that run directly counter to your cause."

History is on my side on this one. Communities flourished WITH STANDARDS, and gun shops and churches were never outlawed. If these are outlawed, now, it's not because we are living by standards this country once held dear.

179 posted on 11/20/2001 7:29:18 AM PST by joathome
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To: Chad Fairbanks
The zoning people should still reflect the attitude and beliefs of those who WERE elected into office. They didn't fall out of the sky, did they?
180 posted on 11/20/2001 7:30:49 AM PST by joathome
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