Although there is no Earth shattering news on the local First Amendment or adult front, there are cases still progressing through the Court systems here in South Florida dealing with those issues. In the case out of the Town of Davie, Eden v. The Town of Davie, by the time this article is read, discovery will have been completed by all sides in the case. In fact, depositions have been taken of all of the witnesses including experts in central Florida and California. The trial is scheduled in April 2007 on this case.
Shortly after you read this article, discovery is to be completed in the two cases out of Lauderhill involving “The Fantasy Shoppe II” and “University Video Enterprises, Inc.”. In those cases, the City of Lauderhill unilaterally determined that both of these establishments were adult entertainment establishments and in the case of “The Fantasy Shoppe II” closed their doors causing them to never to be reopened again. In the case of “University Video Enterprises, Inc.” code citations were handed out although the City has subsequently backed away from those allegations. In those cases, a central issue will be what is the definition of an adult bookstore in the City of Lauderhill and is it a constitutional definition. The two stores have contended that it is not constitutional as it furthers no substantial governmental interest and by its own terms it is unconstitutionally vague and overbroad.
As to the case involving doors on or off booths in Miami-Dade County, as we reported months ago, the three adult bookstores lost at the District Court level, but the case is pending before the Eleventh Circuit Court of Appeals with Briefs due shortly.
Lastly, as to updates on important cases that affect South Florida, oral argument is scheduled for mid March in the case of Daytona Grand v. The City of Daytona Beach. Although this is not a Southern District of Florida case but rather a Middle District case, the impact of this ruling will not only be felt in the Middle District or the Southern District of Florida, but actually across the country. For those of you who do not recall, this is a case in which the adult dance establishment won and the City is appealing that victory to the Eleventh Circuit Court of Appeals. A victory at the Eleventh Circuit Court of Appeals will show governments that they cannot trump up false justifications for infringing upon adult entertainment and First Amendment freedoms.
On another note, we would be remiss if we did not mention the University of Florida football team winning the National Championship. We traveled out to Phoenix for the game, and although our luggage was lost, James Benjamin came down with the flu, we had middle seats throughout our trips from and to Phoenix, we had to travel from Phoenix to Milwaukee to Fort Lauderdale to get back, it was still a wonderful trip. At the game, there had to be at least two to three to one Ohio State fans versus Gator fans. The Gator fans were very quiet before the game with the Ohio State fans acting as if they had already won the National Championship and that we did not belong in the game playing against them.
Obviously, they were wrong. However, the saying he who laughs last, laughs best did not apply. By the time the game ended there was little opportunity to gloat. The sea of scarlet and grey had vanished and all that was left was orange and blue. It was a great night. A great trip. A great season. Go Gators!!