Laveranues Coles sues Jacksonville over zoning law controlling bikini bars

[thelakelander]

Former NFL star Laveranues Coles filed a federal lawsuit Monday challenging a Jacksonville law that restricts sexually themed bars like the one he tried to open on Philips Highway.
The suit asked a judge to strike down the city's rules for so-called "dancing entertainment establishments," a label the city applies to businesses like bikini bars.

The city's zoning code for bars like that "constitutes an unconstitutional prior restraint," the suit argued, saying any place those businesses could open require a zoning exception from the Planning Commission.

There are no clear standards for when to grant those exceptions, the argument continued: "In essence, the right to operate a dancing entertainment establishment is left to the unbridled discretion of the Planning Commission and the City Council," which can hear appeals of commission choices.

Full article: http://jacksonville.com/news/metro/2015-12-28/story/ex-nfl-player-laveranues-coles-sues-jacksonville-over-zoning-law

[FlaBoy]

If we are talking about a strip club or exotic dancing of some sort, then I think he has a poor case. If the comprehensive plan provides for areas that may allow adult entertainment, then the city has the right to not have strip clubs in its downtown area. It would be hard to claim that is "arbitrary and capricious" since there is a rational basis so the only weak case you have is a first amendment issue. Good luck. If the comprehensive plan does not provide this, then your chances improve to make a prior restraint argument.

[thelakelander]

^The site is at Philips and Bowden. There's strip clubs all around the building he owns. I believe it was a strip club at one point itself.

[fieldafm]

It would be hard to claim that is "arbitrary and capricious" since there is a rational basis so the only weak case you have is a first amendment issue. Good luck.

St Johns County apparently held that same opinion in regards to their dealings with Jerry Sullivan. That attitude didn't work out too well for St Johns County taxpayers.

[Tacachale]

Of all the things Coles could be expending his energy on.

[thelakelander]

^He probably has too much money invested into the site and in whatever he was planning, to not fight it.

[Charles Hunter]

At Southeast CPAC, it was explained that the zoning code has minimum distances between adult entertainment businesses.  There is at least one inside that circle.  The place itself has been closed long enough to lose the zoning it had when it was open.

The rationale for the minimum distance is to prevent nudie districts from forming with a concentration of such businesses.

[FlaBoy]

At Southeast CPAC, it was explained that the zoning code has minimum distances between adult entertainment businesses.  There is at least one inside that circle.  The place itself has been closed long enough to lose the zoning it had when it was open.

The rationale for the minimum distance is to prevent nudie districts from forming with a concentration of such businesses.

Exactly. Even under strict scrutiny, SCOTUS has already determined that regulating adult businesses is a compelling state interest, you just can't ban them and must provide them with areas to operate. If they show that he could have an adult business in a number of locations, it will most likely be a summary judgment unless there are disputed facts which could turn the case that we don't know about.

I was under the impression that this concerned his proposed club in DT, Levels. I hope it does not hurt that venture because Bay St. desperately needs more nightclubs if it hopes to be a destination anytime soon.

[thelakelander]

^He gave up on the downtown project. It's dead.

[mtraininjax]

^He gave up on the downtown project. It's dead.

Give him a key to the city......NOT!