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Appeal okayed on adult zoning
By SAUNDRA AMRHEIN DADE CITY -- On the heels of a federal ruling that temporarily shot down its adult entertainment ordinances, the County Commission voted Tuesday to appeal that decision and also rework its zoning law that tried to push the businesses into industrial zones. The commission voted 3-2 on advice from County Attorney Bob Sumner to send an appeal to the 11th Circuit Court of Appeals in Atlanta following last week's preliminary injunction issued by a federal judge in Tampa. Sumner said the appeal of the preliminary injunction might take a year. Unless the injunction is overturned on appeal, it will stay in effect until the outcome of a trial, which is scheduled to start in March 2003. In the meantime, the county has no ordinances on the books that it can enforce against adult businesses. Two commissioners -- Peter Altman and Steve Simon -- voted against appealing a case where success looked unlikely for fear of wasting county dollars. "I don't want to throw another couple million dollars at something that's only going to enrich Luke Lirot's pockets," Simon said. Lirot is the attorney for the plaintiffs, Lollipops, The Players Club, Calendar Girls and 42nd Street Video. Instead, Simon and Altman wanted the county to narrow its focus and alter the zoning ordinance, which sought to push adult businesses into industrial zones where alcohol is not permitted. The other ordinance imposed regulations on what took place inside the businesses, including outlawing employee-client contact. The judge found the ordinances repressive with the apparent attempt of putting the plaintiffs out of business Simon and Altman agreed the county might have been too ambitious. Instead, they said, the attorneys should focus on reviewing the restrictions on alcohol in industrial zones or limiting where new adult businesses could open in order to prevent a go-go bar from being able to open next to homes. As always, the Sheriff's Office can investigate any crimes that might occur inside adult businesses. The commission agreed to have Sumner look into changes to the zoning ordinance, but the majority also voted to appeal the judge's order. "We have to do something," Commissioner Pat Mulieri said, adding she feared more businesses would flood into the area in the absence of regulations. "I can't see leaving ourselves open now." -- 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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