Benjamin, Aaronson, Edinger & Patanzo, P.A.

Doors off viewing booths

     Just days before you will read this article, the case in Miami-Dade County involving the doors off booths Ordinance was argued at the Summary Judgment stage before United States District Court Judge Adalberto Jordan.  Should Daniel Aaronson and Luke Lirot on behalf of their clients succeed during this argument, then within a few days after you read this article this case will go to trial before Judge Jordan.  What this means, is that should the three adult bookstores survive Summary Judgment finally the issue of whether requiring doors off viewing booths is Constitutional will finally come to trial.  Certainly, we will inform you of the outcomes in upcoming articles. 

On another note, last month Daniel Aaronson on behalf of Curves Cabaret in West Palm Beach had the luxury and the enjoyment of cross-examining a zoning official as to why Curves Cabaret had its license revoked.  This cross-examination was part of Curves Cabaret’s attempt through the injunctive process to get reopened for business after the West Palm Beach police in June came in and ordered them to close and after the Zoning Department in August sent Curves Cabaret a Notice to Cease and Desist Operation.

Although no one can predict the outcome of the hearing before United States Magistrate James Hopkins, based upon the comments by Magistrate Hopkins, it appears that Curves Cabaret may actually have a chance of winning.  We don’t want to count our chickens before they hatch, but Magistrate Hopkins seemed to have the same problems with the answers he heard as we had throughout the battle with the City that caused the suit.
Why was this cross-examination enjoyable?  Well, for those of you who had to deal with governmental officials, when they want to deprive you of your license or certificate of use, or want to stop you from doing business, there is always some part of some code that they can rely on to justify unconstitutional actions.  Yet, when those same officials are put on a witness stand, and are cross-examined, it is amazing how the once pompous bureaucrat starts double talking and not making too much sense.  Such was the case in West Palm Beach. 

On a different note, for months we have been writing to you about the case out of Daytona Beach where Lollipops had sued the city in order to be allowed to remain where they are, to provide nude entertainment with alcohol and to be left alone from government harassment.  In late May, closing argument was given in that case.  As of the writing of this article, United States District Court Judge Antoon has yet to render a ruling.  It would be a lie not to admit that every day the first thing that we do is to check as to whether or not Judge Antoon has rendered a decision.  On the good side, Lollipops has been open and operating for the entire time of this litigation which began in December of 2002.  Although, we can’t wait for this ruling, things are pretty good just the way they are.

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