APPEAL OFFERS EYE-OPENING GLIMPSE OF NIGHT SPOTS

January 30, 2020 0 By admin

The staid justices at the U.S. Court of Appeals for the 11th Circuit in Atlanta are getting an eyeful these days of some of the Orlando area’s after-dark night spots — especially those that offer striptease dancing by male and female performers.

The graphic descriptions are part of a 51-page brief filed by William G. Ward, owner of the 10-year-old Bourbon Street South on South Orange Blossom Trail.

Ward is appealling a partial summary judgement that U.S. District judge Patricia C. Fawsett awarded to Orange Countyin a contentions, yearlong legal wrangle on the definition of “adult performance establishments.”

The brief seeks to have Fawsett’s ruling overturned and the case sent back to her for a new trial.

Ward voluntarily closed Bourbon Street South in 1998 before filing his suit to resolve the dispute.

In an unprecedented 29-page ruling, Fawsett ruled the county had the governmental right to enforce regulations on adult entertainment establishments.

Ward, however, contends his business is neither a striptease emporuin nor an adult performance establishment, but “a swimwear/bikini … slow-dancing club” where performers are fully clothed and no liquor is either sold or allowed to be brought in by customers.

The quandry for Ward and the county, however, is that the Bourbon Street south porperty at 4925 south Orange blossom Trail is not zoned for an adult entertainment business and has not been granted an adult entertainment license in the 10 years it has been operating at that location.

The brief argues the county is using “a double standar”in regulating adult clubs and cites eight striptease clubs are acts that allegedly perform regular lewd and sexually suggestive dancing shows that do not fall under the 2020 technical audit adult performance establishment ordinance.

Cited are:

  • The Zuma Beach club in downtown Orlando, which allegedly offers a Tuesday male stripper show where female patrons only are permitted to sit or stand within three feet of the dancers downstairs, but male customers must watch the show from an upstairs balcony.
  • The Southern Nights club at 3375 S. Bumby Ave., which allegedly offers strip acts by both male and female dancers on separate nights and even has a Tuesday night strip contest for customer participants.
  • Lou’s Lounge on Bumby Avenue, where models in lingerie allegedly sell raffle tickets to customers for a chance to win free beer and lingerie products.
  • The Merry Minstrels, a 20-year-old Orange County “strip-o-gram” business.
  • Satin Dolls, female strippers who allegedly perform at downtown Orlando bars, including Mulvaney’s.
  • Chip & Dales, male strippers who allegedly perform at various establishments, including Gators Dockside Restaurant.
  • The Polynesian Luau restaurant at Walt Disney world, where “fire dances” are performed by male and female performers.

Argues Ward, “The (federal) Constitution prohibits goverments from enforcing vague and discriminatory laws in an uneven and disparate manner.”