MIAMI - Miami's Code Enforcement Board ruled Monday in a 5-2 vote that Flava Works is running an adult business illegally because it is based in an area that is zoned for residential use. The studio has been found guilty of two violations: operating an adult business in a residential area and operating a business in a residential area. Flava Works has been instructed to stop all operations of its internet site, CocoDorm.com .
Board member Oscar Rodriguez Fonts said, "I move for a finding of guilt and immediate compliance on violation of adult entertainment not permitted" at the final meeting.
CocoDorm.com pays young men $1,200 plus room and board to live in the the Miami residence for a month and have sex with each other.
A charge that Philip Bleicher, head of Flava Works, was running an illegal rooming house was dismissed.
Bleicher's attorney, James Benjamin, argued that CocoDorm was not part of the adult business, citing a similar case in Tampa. He pointed out that business transactions were not carried out at the home in question. He was shot down when Mariano Loret de Mola, Miami's Director of Code Enforcement, testified he had seen "Dorm Dude" Breion enter the house after punching in a code, and because Miami's and Tampa's laws differ.
Assistant City Attorney Victoria Mendez said, "The city has no problem with giving them two weeks to get their business affairs in order."
Benjami intends to file an appeal, saying to The Miami Herald, "But we're not sure where we're going to file the appeal yet. We're not going to put our tail between our legs and go away. The activity is protected by the First Amendment."
Queerty.com reports that Bleicher is working on a lawsuit against the city of Miami. In a note over at the website in question, Cocodorm.com, Bleicher writes:
"With the Code Enforcement Board's ruling, starting today the city will fine us up to $500 per day for each day we remain open. We are filing an emergency motion in federal court to block the city's ruling citing ‘VoyeurDorm.com v. City of Tampa' and sue the City of Miami.
Miami is wasting tax dollars to prosecute the legal CocoDorm residence, while drug dealers and prostitutes reign free on the streets of this neighborhood, which is known for its infamous ‘hoe stroll,' but we suppose [the] NBC [affiliate that ran a story on the company and the CocoDorm house in May] and the city don't care about real problems.
Customers do not visit the CocoDorm location and neighbors didn't know about CocoDorm (until NBC knocked on their door after they received an anonymous packet mailed by a competitor). What happens inside of CocoDorm is no different than what happens behind the closed doors of any other house: people live, interact, and have sex. This is our and your First Amendment right, and we will fight for these rights.
By the way, no one from the neighborhood was present at any of the three hearings. In fact we have a petition of neighbors in support of CocoDorm!
We will not close the CocoDorm!"
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
