11th Circuit upholds Hillsborough County, Fla. ordinances regulating sexually oriented businesses
A panel of the U.S. Court of Appeals for the Eleventh Circuit has issued a four page per curiam opinion in 5634 East Hillsborough Avenue, Inc. v. Hillsborough County, Fla., No. 07-14955 (11th Cir. Sept. 10, 2008).
This case involves a challenge to the County’s ordinances regulating sexually oriented businesses. The ordinances prohibit, among other things, nudity, lap dancing, alcohol consumption, and all-night operations on the premises of sexually oriented businesses.
The court summarized the issue: “Accordingly, the only issue for appeal is whether appellants have created a genuine issue of material fact with respect to whether the county met its evidentiary burden to show that its ordinances have the purpose and effect of suppressing secondary effects. ”
The court of appeals concluded:
After oral argument and careful consideration, we conclude that the County met its evidentiary burden to show that its ordinances have the purpose and effect of suppressing secondary effects. We conclude that appellants have pointed to no evidence that would create a genuine issue of fact as to whether the County was reasonable in relying on their evidence and their rationale that the ordinances would reduce secondary effects. Accordingly, we conclude that the County has established that it was reasonable in this regard.