Monday, May 16, 2011

Appeals court upholds Jacksonville's right to evict nude clubs

A federal appeals court has upheld Jacksonville zoning laws that will kick two nude dance clubs out of their current locations.

But the establishments will continue to operate for the time being because lawyers for the clubs have requested a rehearing.

The 11th U.S. Circuit Court of Appeals found that zoning and municipal codes approved by Jacksonville City Council in 2005 and 2010 legally allowed the city to evict the Doll House on Atlantic Boulevard and the New Solid Gold Club on Blanding Boulevard.

Those rules require fully nude establishments to be located in areas zoned heavy industrial, and they must comply with buffer requirements that prohibit them from being within 500 feet of schools and churches and within 1,000 feet of homes. The City Council also revoked a grandfather clause that would have allowed the bars to stay where they are.

The council also required adult businesses to obtain approval from the Sheriff's Office before opening to the public. None opened during the five years that requirement existed.

Before the 2005 changes, clubs were allowed in areas zoned commercial and didn't need approval from law enforcement. A commercial area usually has stores and restaurants; a heavy industrial area usually has factories, distribution centers and manufacturing.

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