Adult Stores, Threatened With Huge Fines, Vow to Remain Open

CNSNews.com ^ | November 19, 2001 | Rick Sarlat

[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.

[steve-b]

Man has a higher nature and a lower brutish nature.

I'm terribly sorry that you have given yourself, body and soul, to the latter in order to indulge your desire to control others.

[Chad Fairbanks]

And yet, my community has decided to allow casinos, only a few short blocks from my home, which pisses me off to no end - The easiest way for me to deal with it (no pun intended) is to avoid it. I don't go there and I don't patronize it, but apparently many people in my community do, so it's not my place to force my anti-gambling morality on the rest of my community. People have a choice - to go there or not - I choose not. Pretty simple.

[Chad Fairbanks]

Did they fall out of the sky? No. Who knows where they came from - probably leftists who didn't have a job, until someone appointed them to one...

[justshutupandtakeit]

I was born and raised in South Arkansas and 40 yrs ago even Playboy was not easily available. Of course, my county was dry too (Ashley) so we had to go to the local bootleggers, across the Ouachita bridge or across the Louisiana border to Bastrop for booze. Ashley county is still dry though the Country Club does not lack for drink.

[FreePaul]

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

And a little law violation is OK as long as you hide it from the nosey? Most gambling laws I know of cover all gambling including the "friendly" home game. Do you condone doing anything you want as long as you don't get caught? Sounds like it from your post.

[Neets]

Just wanted to let you know I wholeheartedly agree with you comments in #173!!!

Hope you have a great holiday!!!

[justshutupandtakeit]

I hereby volunteer for the position of Official Ladies Underwear Inspector. All in violation will have to accompany me to the back room for conference.

[joathome]

Two brothers gambling over a deck of cards was probably never against the law. (And certainly not for the amount they gambled over! LOL)

[culpeper]

OK...well thats real nice. I still don't want to see the places near any neighborhood. I don't care who frequents them. Its just another thing that erodes morality in general and the more people don't have a problem with it the worse it gets. I don't condone pornography and never will.

[Chad Fairbanks]

Tell that to the Baptists... as a born and raised Baptist, I can tell you that playing cards was a no-no, as was dancing, swearing, smoking, and making love standing up (someone might see us, and think we were dancing)...

Most Gambling Laws covered just that - gambling, whether it was in the home or not...

[joathome]

Growing up in south Louisiana, I doubt that a little wager over a poker game or bridge was illegal. After all, bingo was legal. :)

[Chad Fairbanks]

Doesn't sound like you know for sure, though - it could have been, but people have a habit of flaunting laws they don't agree with... human nature... besides, bingo was overlooked because it was most likely a church function...

[FreePaul]

As long as you know what constitutes pornography I guess you're safe from the evils in this mean old world.

[FreePaul]

Two brothers gambling over a deck of cards was probably never against the law.

You might be surprised. In some places it is. I know of people who have been raided and arrested in their homes when they had friends over for regular poker games. Someone who looses or has some other grudge turns them in. If the local cops need some publicity they may get raided. Penalties for "maintaining a gambling establishment" can be pretty stiff.

[All-American Medic]

Thanks...Great minds think alike!!!! LOL...Happy Thanksgiving to you and yours as well!!!!!!

[slhill]

Would a community be entitled to ban a group of people watching someone dance lewdly for free, behind closed doors?

[joathome]

If it's a regular, recurring event in town, I would say, probably, yes. On the other hand, if two couples decide to play strip poker for their own "enjoyment", no.

You know, you can all scream about "the moralists" all you want, but it was the strong family values, and yes, morals, that made this nation the great nation that it is. And we won't be the ones responsible for it's decline.