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Hillsborough Bikini Bars Challenge Appeals Court Ruling

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By MIKE SALINERO | The Tampa Tribune

Published: October 10, 2008

TAMPA - The attorney for two bikini bars in Hillsborough County has asked a federal appeals court to rehear arguments that a county law restricting such businesses is unconstitutional.

Lawyer Luke Lirot said the Atlanta-based 11th U.S. Circuit Court of Appeals erred last month when it upheld a lower-court decision granting Hillsborough County a summary judgment. The decision basically upheld the county's argument that rules restricting exotic dancers from touching customers are not unconstitutional.

Lirot argues that in two previous cases the 11th Circuit agreed with his position that adult businesses are no more likely to encourage crime or lower property values than any other businesses. Lirot said he was never able to present experts in court to rebut the county's position that adult businesses have detrimental effects on neighborhoods.

"At this point all we have to do is create a dispute to show we're entitled to go to trial and have an evidentiary hearing so a jury can listen to these experts," Lirot said.

The county passed an ordinance in 2006 requiring exotic dancers to stay 6 feet away from patrons. The law also prohibits the sale or consumption of alcoholic beverages at adult businesses.

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