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Judge's ruling may be appealed

Pasco attorneys will recommend to the commission that they appeal a federal judge's ruling blocking adult entertainment ordinances.

By SAUNDRA AMRHEIN
© St. Petersburg Times,
published December 11, 2001


Pasco should appeal to a higher court a federal judge's decision to block the County Commission's adult entertainment ordinances, county attorneys will suggest.

During today's County Commission meeting, which starts at 9:30 a.m. at the Pasco County Courthouse in Dade City, the attorney's office will suggest the county's next step should be appealing the decision to the 11th Circuit Court of Appeals in Atlanta, Chief Assistant County Attorney Barbara Wilhite said Monday.

The county will continue "exploring the rest of our options," she said, but would not elaborate on what those were or the grounds for the appeal.

Last week, a federal judge in Tampa issued a preliminary injunction blocking the enforcement of two ordinances -- one that tried to push exotic dance clubs and other adult entertainment into industrial zones where alcohol could not be served or consumed, and another that sought to ban employee-client contact in such businesses.

With the suspension of the laws, which took effect last spring, the county has no ordinances on the books to regulate adult businesses. Its previous zoning codes on the matter were repealed by one of the new ordinances.

That fact prompted the county attorney working on the ordinance, Sidney Kilgore, to float the idea last week that an immediate appeal might be necessary. Kilgore was not available Monday for comment.

Lawyer Luke Lirot for the plaintiffs -- Lollipops, the Players Club, Calendar Girls and 42nd Street Video -- could not be reached for comment.

-- Saundra Amrhein covers Pasco County government. She can be reached in west Pasco at 869-6244, or toll-free at 1-800-333-7505, ext. 6244. Her e-mail address is amrhein@sptimes.com.

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