DAYTONA BEACH, Fla. – A federal appeals court upheld this Spring Break destination's zoning and nudity ordinances, meaning erotic dancers in adult bars in most parts of the city can't perform totally nude anymore.
The city and Lollipops Gentlemen's Club made their cases before the appeals court on March 23, and a ruling was handed down this week.
"The bottom line is the 11th Circuit Court (of Appeals) upheld the city's authority to enforce its zoning regulations and public nudity ordinance with regard to the adult entertainment establishments," City Attorney Bob Brown said.
Both sides were trying to reverse previous rulings.
A district court ruled in January 2006 that Daytona Beach's nudity laws were unconstitutional because they violated the right to free speech. Dancers at adult clubs have been going nude ever since.
The city wants dancers at adult clubs that serve liquor to be required to wear conservative bikinis. The appeals court ruled Thursday that G-strings and pasties would not be permitted.
Lollipops officials wanted the appeals court to reverse a district court ruling from December 2004 that upheld the city's zoning laws, which regulate where adult businesses can operate.
The appeals court in Atlanta upheld the previous ruling in favor of the city, and reversed the opinion that had favored Lollipops.
An attorney for Lollipops said they were prepared to take the case to the U.S. Supreme Court.
"I don't think it means anything," Daytona Beach attorney Brett Hartley said. "We don't see (this) ruling as a major setback. This is just part of the dance."
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