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Bikini bars sue to block ordinance

By CARRIE WEIMAR
Published September 15, 2006

TAMPA - Two local bikini bar owners filed a federal lawsuit Thursday saying Hillsborough County's ordinance barring scantily clad dancers from touching patrons violates their right to free speech.

The suit was filed by the owners of Tootsie's, 5634 E Hillsborough Ave. in Tampa; Showgirls, 1602 E Brandon Blvd. in Valrico; and Showgirls Mens Club, 4210 U.S. 92 E in Plant City.

"The plaintiffs believe that the presentation of expressive dance performances is a beneficial social activity which creates an improved self image for the dancer and joy and entertainment for the beholder," said the lawsuit, filed by attorney Luke Lirot, a critic of the county's attempts to regulate adult businesses.

The suit was filed in response to the Hillsborough County Commission's 7-0 vote this month to pass an ordinance prohibiting employees in bikinis from touching customers in places that sell alcohol.

In the suit, the bar owners argued the ordinance unconstitutionally restricts their First Amendment right to freedom of speech.

The restrictions also fail to "advance any legitimate governmental interest, are overbroad and work as a chilling effect on protected speech," the suit said.

The bar owners are asking a judge to grant an emergency order blocking the law from taking effect until the issue can be settled by a jury.

The ordinance was one of three passed by the commission on Sept. 7 regulating sexually oriented businesses. Another requires adult businesses and their employees to obtain licenses, and the third imposes zoning restrictions.

Lirot said lawsuits challenging the other two ordinances are likely.

David Caton, executive director of the Florida Family Association, said he was disappointed by the lawsuit. He fought for the regulations for three years and fears the lawsuit will cause an unnecessary delay.

"It's sad that they can't see the public benefit in this," Caton said.

The bar owners might have difficulty proving lap dances are protected by the Constitution, he said. The courts have traditionally ruled that touching is not considered speech and isn't protected by the First Amendment, Caton said.

Lirot disagreed. He said freedom of expression includes gestures such as hugging and slow dancing, which are both banned by the county's ordinance.

"We think this is just a pretext to retaliate against these businesses," Lirot said.

Carrie Weimar can be reached at 813 226-3416 or cweimar@sptimes.com.

[Last modified September 17, 2006, 13:14:39]