Voyeur Dorm Lc Entertainment Network Inc Dan Marshlack Sharon Gold Marshlack v. City of Tampa Fl’s Empirical Analysis
265 F.3d 1232 · 2001
Citation profile
1 federal appellate ·
Relationships
Relies on City of Renton v. Playtime Theatres, Inc. · Young v. American Mini Theatres, Inc. · Reno v. American Civil Liberties Union · City of Erie v. Pap's A. M. · Flanigan's Enterprises, Inc. of Georgia v. Fulton County
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“provides no “offering] [of adult entertainment] to members of the public.” The offering occurs when the videotaped images are dispersed over the internet and into the public eye for consumption. The City Code cannot be applied to a location that does not, itself, offer adult entertainment to the public. As a practical matter, zoning restrictions are indelibly anchored in particular geographic locations. Residential areas are often cordoned off from business districts in order to promote a State’s interest. It does not follow, then, that a zoning ordinance designed to restrict facilities that offer adult entertainment can be applied to a particular location that does not, at that location, offer adult entertainment. Moreover, the case law relied upon by Tampa and the district court concerns adult entertainment in which customers physically attend the premises wherein the entertainment is performed. Here, the audience or consumers of the adult entertainment do not go to 2312 West Farwell Drive [the Voyeur Dorm residence] or congregate anywhere else in Tampa to enjoy the entertainment. Indeed, the public offering occurs over the Internet in “virtual space.” While the district court read section 27-523 in a literal sense, finding no requirement that the paying public be on the premises, we hold that section 27-523 does not apply to a residence at which there is no public offering of adult entertainment. Accordingly, because the district court misapplied section 27-523 to the resi”
1 later decision quote this exact passage · from the majority
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