The city will have to appeal to the 11th Circuit if it wants to stop a “bikini bar” that serves alcohol from going up along Baymeadows Road.
U.S. District Judge Marcia Morales Howard on Thursday denied the city’s request for an emergency stay on the matter until the higher courts resolve the issue.
The decision comes more than a month after she ruled the city’s ordinance code regarding dancing establishments were unconstitutional and overbroad — meaning regulations that apply to bikini bars also would have to be applied to other pay-for-dancing establishments.
Albanese Enterprises Inc. last year filed suit seeking that decision after the city approved the company’s request to open a bikini bar and a restaurant to serve alcohol, but did not grant it the needed exception to be a bikini bar that sells alcohol.
Morales said the city’s code defining and regulating the industry was “strained,” leading city attorneys to amend it in recent weeks. City Council approved the emergency changes March 25.
But, while it closed potential future loopholes, it left the Albanese issue.
Assistant General Counsel Craig Feiser said the change rendered the overbroad argument moot.
Attorney Karl Sanders, representing Albanese, said the city couldn’t violate the First Amendment, fix it, then say there was no harm done.
The City is appealing Howard’s original decision to the 11th Circuit Court of Appeals in Atlanta, but wanted a permanent stay until then. She granted a temporary stay at the time and Thursday’s hearing was to determine why a permanent stay should or shouldn’t be granted.
The city presented crime statistics in the vicinity of two other Jacksonville exotic dancing clubs — 20 incidents in 11 months for one, 19 incidents in 9 months for the other.
And the former Burger King at 8669 Baymeadows Road where Albanese is planning to open its establishment had 17 incidents in more than 10 months.
The goal was to reinforce the city’s stance that opening a bikini bar that serves alcohol creates, as Fesier said Thursday, potential for “explosive conduct” and crime.
Sanders called the statistics anecdotal, then provided examples of whether other buildings — a courthouse or Walmart — would be responsible for crime in their areas.
Howard said there was no evidence that opening up a bikini bar would cause crime, calling the idea “speculative.”
Granting a permanent stay until the appeals court renders a decision would have been a “common sense” move, Howard said. But from a legal standards perspective, it “wasn’t even a close call,” she said.
The decision doesn’t set precedent, she said, because the city changed its ordinance code.
She established a 10-day deadline for the city to file its new appeal for a stay with the 11th Circuit.
If it doesn’t or the motion is denied, Albanese could then proceed with its plans.
“We’re certainly pleased the court continues to recognize the significance of the First Amendment and right of everyone … to fully express themselves,” Sanders said after the ruling.
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