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.
Porn is NOT covered by the constitition as a free speech issue. I don't think the Supreme Court has ever ruled that.
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.
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.
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.
I KNEW you could do it neighbor!!!!!
And yes, it's TMI.
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. ;-)
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.
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".
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.
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