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Court Seems To Back Hillsborough Adult-Business Laws

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: September 8, 2008

JACKSONVILLE - A federal appeals court panel seemed reluctant today to overturn Hillsborough County's ordinances governing adult businesses.

If a ruling in 2007 by U.S. District Judge Richard Lazzara stands, dancers at bikini bars will have to stay 6 feet away from patrons and the sale or consumption of alcohol will be prohibited at adult businesses.

Also, adult video stores would be prohibited from having private viewing booths and workers would have to pass a criminal background check.

Luke Lirot, an attorney for the businesses that sued the county to strike the ordinances, urged the three-judge panel to order a federal trial in which he could present evidence to show that the evidence the county relied on to adopt the ordinances was faulty.

But the judges immediately began pressing Lirot over whether the county had considered "substantial evidence" of the harmful effects adult businesses have on the community.

That, the judges said, is the standard. Courts have to give deference to legislative bodies such as county commissions and not substitute the court's judgment for that of the elected representatives.

The commissioners need only prove, the judges said, that they acted reasonably.

Lirot argued he should at least be given a trial, a court forum in which he could show that the methods used in the county's research were faulty and that other evidence showed that the adult businesses have no more harmful an effect on the community than that of other businesses.

"The court doesn't have to find that the Legislature was right," Judge James C. Hill said. "It only has to find a rational basis" for the county's actions.

Lirot said more is required when the government seeks to impinge on a "fundamental right" such as freedom of speech.

Lirot contended that only the owners of the clubs presented any evidence about the local community, demonstrating through records of calls to law enforcement that one of the clubs in question did not have any significantly increased level of crime, compared with other businesses.

Attorney Scott D. Bergthold, representing the county, said the commissioners made sure they acted within the confines of the law, adhering to procedure as set down by federal courts. They held public hearings and compiled evidence before adopting the ordinances, Bergthold said.

Bergthold argued that it was the county that presented local evidence – affidavits from an undercover investigator who testified about what he saw when he visited the clubs. Among other things, the investigator was propositioned for prostitution, Bergthold said.

Still, Bergthold argued, "local evidence is not required" for the county to act.

Commissioners approved the ordinances in September 2006. The rules have no effect on clubs in Temple Terrace, Plant City or Tampa, which in 1999 imposed a 6-foot buffer between patrons and nude dancers.

They laws would affect the scantily clad dancers at three bikini bars: Tootsies on East Hillsborough Avenue, Showgirls on U.S. 92 East in Plant City and Showgirls on Brandon Boulevard in Valrico.

The regulations don't outlaw the businesses, just stringently regulate them.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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