Five adult businesses and their operators are being sued over alleged violations of the new city ordinance.
Two weeks ago, the city of Tampa promised to give adult businesses time to comply with a new lap-dancing ban. Time ran out Friday. The city sued the owners and operators of five adult clubs, saying they're thumbing their noses at the ban. As evidence, the city points to taunting messages prominently displayed outside four of the businesses. One proclaimed: ``Still nude lap dancing in Tampa.''
Under the city's controversial new law, club owners, dancers and customers can be arrested and jailed for up to six months and fined up to $1,000 if convicted of a violation. But in filing the lawsuits, the city is asking a court to halt violations of the ordinance at 2001 Odyssey, Mons Venus, Deja Vu, Seven Seas and Pink Pony.
Arresting hundreds of dancers and customers could be more time-consuming, said City Attorney James Palermo. If the city's requests for injunctions are granted, club operators could be found in contempt of court for continued violations. A judge then could fine or jail them.
An attorney for two of the clubs said the city clearly has ``no confidence in the ordinance.'' It is trying to shift enforcement to the courts for fear of being sued for wrongful arrests.
"They should make arrests and be prepared to face a full criminal defense in each and every case," said Tampa lawyer Luke Lirot, who represents Mons Venus and Deja Vu.
Palermo said the city doesn't doubt the law's validity, adding that the lawsuits don't mean the city won't make arrests.
In each of the five lawsuits filed in Hillsborough Circuit Court, the city says dancers have "displayed and exposed their naked breasts, buttocks, and pubic regions" within 6 feet of other dancers and customers. Dancers and customers also have engaged in simulated sex and actual or simulated masturbation.
Those activities violate the new law approved unanimously by the city council Dec. 3 in the face of vociferous opposition.
Undercover police have been gathering evidence since then, Palermo said, and other clubs likely will be sued. The city says the law will curtail the spread of disease and prostitution. Some club officials said they tried to comply, but their profits plummeted while other clubs ignored the ordinance.
Lirot said the city's decision to sue is foolish. The city can't get injunctions because the ordinance already provides penalties of jail time and fines, he said. The lawsuits come on the heels of a short-lived federal lawsuit against the city.
Mons Venus owner Joe Redner and one of his dancers alleged the ordinance was unconstitutional, but withdrew their lawsuit after just one day. Lirot said they wanted to pursue another strategy.
