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06-19-2006, 10:16 AM
By MARK HOLAN The Tampa Tribune
Published: Jun 14, 2006
TAMPA - Unless blocked by election officials or by a judge, Hillsborough County voters will get a chance this fall to let local governments know whether to toughen regulation of sexually oriented businesses.
After signaling their intentions in February, commissioners voted 5-0 on Tuesday to approve the language for a nonbinding referendum question to be placed on the Nov. 7 ballot. The question will ask whether strip clubs and adult movie shops should be regulated "to the fullest extent allowed by law."
The outcome won't have any legal consequences for Tampa, Temple Terrace or Plant City, but Hillsborough commissioners hope a strong "yes" vote will prod the cities to adopt the same strict rules being proposed by the county.
Tampa in particular has a nationwide reputation as a haven for adult businesses. City officials have said acting on a nonbinding vote could jeopardize existing regulations and divert attention from more pressing issues.
Commissioner Kathy Castor, who voted against the ballot question four months ago, attended an earlier portion of the meeting Tuesday but missed the board's vote.
Afterward she said the vote is unnecessary. "We are moving ahead with strengthening our ordinances," she said. "I see nothing to be gained."
Also Tuesday, commissioners set public hearings for Aug. 2 and 16 on new ordinances and amendments to license and regulate nude entertainment venues such as bikini bars, mobile strip clubs and adult book and video stores in unincorporated Hillsborough County.
County officials say such businesses cause "adverse secondary effects" such as prostitution, lewdness, drug use and trafficking and other criminal behavior. Strip club and other adult business owners routinely dismiss claims their operations have such effects.
"When industry representatives make claims of no secondary effects, to me it is bogus and offensive," Commissioner Ken Hagan said.
In coming weeks the county will amass a pile of reports and other records to prove the negative consequences of such businesses. The material will include sworn statements about sexual activity inside bars and adult book stores, where pornographic movies are shown in private booths, county officials said.
Under the proposed changes, no physical contact would be allowed between dancers and customers, and the movie booths would be open and lighted. Other proposed rules include requiring background checks and licenses for all workers in sexually oriented businesses and prohibiting operation from 2 to 6 a.m
.
Existing businesses would have four months to comply with the new rules.
Jamie Rand, who sued the county to allow him to open one of his two bikini bars, predicted the ordinances and ballot question would be challenged in court.
"I'd be very surprised if it gets to a vote," he said.
Tennessee lawyer Scott Bergthold, hired to overhaul existing county regulations, called the proposal a "state of the art code" that will pass constitutional muster. "It is neither the purpose nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, Bergthold said.
The U.S. Department of Justice will review the ballot question to ensure it doesn't violate federal voting regulations.
Antiporn activist David Caton, of the Florida Family Association, predicted a 73 percent to 77 percent "yes" vote.
Commissioner Jim Norman is recovering from heart surgery and missed the vote.
Contact Mark Holan at (813) 259-7691 or mholan
Published: Jun 14, 2006
TAMPA - Unless blocked by election officials or by a judge, Hillsborough County voters will get a chance this fall to let local governments know whether to toughen regulation of sexually oriented businesses.
After signaling their intentions in February, commissioners voted 5-0 on Tuesday to approve the language for a nonbinding referendum question to be placed on the Nov. 7 ballot. The question will ask whether strip clubs and adult movie shops should be regulated "to the fullest extent allowed by law."
The outcome won't have any legal consequences for Tampa, Temple Terrace or Plant City, but Hillsborough commissioners hope a strong "yes" vote will prod the cities to adopt the same strict rules being proposed by the county.
Tampa in particular has a nationwide reputation as a haven for adult businesses. City officials have said acting on a nonbinding vote could jeopardize existing regulations and divert attention from more pressing issues.
Commissioner Kathy Castor, who voted against the ballot question four months ago, attended an earlier portion of the meeting Tuesday but missed the board's vote.
Afterward she said the vote is unnecessary. "We are moving ahead with strengthening our ordinances," she said. "I see nothing to be gained."
Also Tuesday, commissioners set public hearings for Aug. 2 and 16 on new ordinances and amendments to license and regulate nude entertainment venues such as bikini bars, mobile strip clubs and adult book and video stores in unincorporated Hillsborough County.
County officials say such businesses cause "adverse secondary effects" such as prostitution, lewdness, drug use and trafficking and other criminal behavior. Strip club and other adult business owners routinely dismiss claims their operations have such effects.
"When industry representatives make claims of no secondary effects, to me it is bogus and offensive," Commissioner Ken Hagan said.
In coming weeks the county will amass a pile of reports and other records to prove the negative consequences of such businesses. The material will include sworn statements about sexual activity inside bars and adult book stores, where pornographic movies are shown in private booths, county officials said.
Under the proposed changes, no physical contact would be allowed between dancers and customers, and the movie booths would be open and lighted. Other proposed rules include requiring background checks and licenses for all workers in sexually oriented businesses and prohibiting operation from 2 to 6 a.m
.
Existing businesses would have four months to comply with the new rules.
Jamie Rand, who sued the county to allow him to open one of his two bikini bars, predicted the ordinances and ballot question would be challenged in court.
"I'd be very surprised if it gets to a vote," he said.
Tennessee lawyer Scott Bergthold, hired to overhaul existing county regulations, called the proposal a "state of the art code" that will pass constitutional muster. "It is neither the purpose nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, Bergthold said.
The U.S. Department of Justice will review the ballot question to ensure it doesn't violate federal voting regulations.
Antiporn activist David Caton, of the Florida Family Association, predicted a 73 percent to 77 percent "yes" vote.
Commissioner Jim Norman is recovering from heart surgery and missed the vote.
Contact Mark Holan at (813) 259-7691 or mholan