Appeals Court Upholds Hillsborough Bikini Bar Rules

Hillsborough County soon will begin enforcing its strict ordinances governing adult businesses now that a federal appeals court has ruled the restrictions are constitutional.

County Attorney Renee Lee said the county does not yet have a timeframe for compliance.

"But we will make sure that these businesses comply with the law," she said.

The ruling from the 11th Circuit U.S. Court of Appeals means that 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.

Additionally, adult video stores would be prohibited from having private viewing booths and workers would have to pass a criminal background check before they are hired.

Attorney Scott D. Bergthold, who represented Hillsborough, said the court's decision held that the county government "acted reasonably" in adopting the ordinances.

"It demonstrates that local governments have the ability to effectively regulate such establishments to control their negative effects on the community," he said.

Luke Lirot, an attorney for adult businesses that sued the county to get the ordinances overturned, called the ruling disappointing, but said the fight is not over.

"It seems that our next step is arguing it before the U.S. Supreme Court," he said.

Imposing tight regulations is one way jurisdictions can attempt to control adult businesses after courts ruled cities or counties can't pass such restrictive zoning requirements that leave no place for the businesses to operate. The regulations don't outlaw the businesses, just stringently regulate them.

The rules have no effect on adult businesses in Temple Terrace, Plant City or Tampa. Tampa regulations allow nude dancing as long as no alcohol is served and dancers keep at least 6 feet away from patrons.

The county's legal battle began a year ago when Tootsies, Showgirls and Showgirls Men's Club, in unincorporated Hillsborough, filed a lawsuit after county commissioners adopted the new rules in 2006.

In part, the lawsuit argued that touching between scantily clad dancers and bar patrons, which is barred under the county regulations, is protected by the First Amendment.

County officials said they based the restrictive ordinances on a study showing the adult businesses had a detrimental impact on the surrounding community.

In court proceedings, Lirot argued the clubs in question did not have a significantly increased level of crime compared with other businesses.

He contended that he should at least be given a trial, a forum in which he could show that the methods in the county's research were faulty.

"I never had my day before a judge," he said Thursday.