Judge Tosses Daytona Beach Nudity Law

[NewAndNude]

Judge Tosses Daytona Beach Nudity Law



Judge Tosses Daytona Beach Nudity Law

DAYTONA BEACH, Fla. (AP) -- A federal judge struck down Daytona Beach's anti-nudity laws, saying they are unconstitutional.

U.S. District Judge John Antoon decided Friday that Daytona Beach's laws prohibiting public nudity and nudity in places that sell alcohol violate the First and 14th amendments' protections of free speech and equal protection.

Daytona Beach also failed to prove its claim that adult nightclubs create secondary negative impacts on levels of crime, prostitution and illegal drug activity in neighborhoods, Antoon wrote.

"We won on every single issue," said Daniel Aaronson, a Fort Lauderdale attorney representing Lollipops Gentleman's Club in its federal lawsuit.

City officials said they plan to study the judge's ruling and ask the City Commission about a possible appeal.

Public nudity has been an issue at some of the city's large gatherings, such as Biketoberfest and Spring Break.

© 2006 The Associated Press

[NewAndNude]

Judge Tosses Daytona Beach Nudity Law



Judge Tosses Daytona Beach Nudity Law

DAYTONA BEACH, Fla. (AP) -- A federal judge struck down Daytona Beach's anti-nudity laws, saying they are unconstitutional.

U.S. District Judge John Antoon decided Friday that Daytona Beach's laws prohibiting public nudity and nudity in places that sell alcohol violate the First and 14th amendments' protections of free speech and equal protection.

Daytona Beach also failed to prove its claim that adult nightclubs create secondary negative impacts on levels of crime, prostitution and illegal drug activity in neighborhoods, Antoon wrote.

"We won on every single issue," said Daniel Aaronson, a Fort Lauderdale attorney representing Lollipops Gentleman's Club in its federal lawsuit.

City officials said they plan to study the judge's ruling and ask the City Commission about a possible appeal.

Public nudity has been an issue at some of the city's large gatherings, such as Biketoberfest and Spring Break.

© 2006 The Associated Press

[Nudeinbama]

They won the right to have nude ladies in the clubs, that still dosen't free us to go nude on the beaches, I assure you.
Nudeinbama

[Guest]

It does cover topfreedom as a political expression which means Elizabeth Book has solid grounds for dismissal of her cases in Daytona.

[Naturist Mark]

Perhaps even more important it also rejected the right of local and state government to make 'findings' that adult businesses create "secondary negative impacts on levels of crime, prostitution and illegal drug activity in neighborhoods" without any evidence that the 'finding' is true. These spurious 'findings' are the exact same ones used to justify laws prohibiting public nudity. In the past government has argued that the legislature can make any finding it wishes, without having to establish its truthfullness. If this new prececent stands, such findings can no longer be used in Florida without establishing that they really are true. This is huge.

-Mark

[curmudgeon]

I would think we would hope that this ruling is appealed. If it is upheld in the appellate court it would be more broadly applicable throughout that appellate court's jurisdiction and would be more likely to be considered by other courts.