By Jim Saunders, The News Service of Florida
TALLAHASSEE In a legal battle rooted in the discovery of a 13-year-old human trafficking victim working as a dancer, a federal appeals court Monday largely upheld restrictions that Miami Beach placed on nude strip clubs.
A three-judge panel of the 11th U.S. Circuit Court of Appeals rejected arguments that a city ordinance unconstitutionally imposed increased worker-identification requirements on strip clubs and allowed the city to inspect logs of workers entering and leaving the establishments.
The court, however, found that the city overstepped its legal authority when it required clubs to confirm that dancers are U.S. citizens, legal residents or otherwise eligible to work in the country.
Miami Beach passed the ordinance after police discovered that the 13-year-old girl was working as a nude dancer at Club Madonna after running away from home and being taken by four adult captors, according to the ruling. The club challenged the ordinance, leading to years of legal battling.
In part, the club argued that the ordinance violated First Amendment rights. Mondays ruling agreed that the ordinance implicates the First Amendment because it singles out an industry that engages in expressive activity for special regulation, but the panel concluded that the measure did not violate the rights.
The ordinances core identification and record-keeping requirements are necessary to achieve the citys stated and obviously important interests in preventing human trafficking and barring minors from dancing nude on a public stage, said the 54-page main opinion, written by Judge Stanley Marcus and joined fully by Judge Richard Story and partly by Judge Kevin Newsom. The requirement that workers or performers produce two forms of identification instead of just one which the club says is unnecessarily burdensome combats the rampant use of counterfeit forms of identification on Miami Beach and reduces the likelihood that a victim of human trafficking or a minor will perform onstage. Given the significant latitude we afford policymakers, and our obligation to defer to a legislative bodys reasoned judgment, we hold that these core identification-verification and record-maintenance requirements are reasonable when measured against the statutes aims.
The appeals court, which upheld a ruling by a federal district judge, also rejected a challenge to part of the ordinance allowing the city to inspect documents and worker logs upon demand. The club argued that the ordinance violated a prohibition on warrantless searches under the U.S. Constitutions 4th Amendment.
But in upholding that part of the ordinance, the panel pointed to extensive regulation of the adult-entertainment industry.
Based on a substantial history of heavy regulation, we conclude that the nude dancing and adult entertainment industry is closely regulated for Fourth Amendment purposes so that no reasonable expectation of privacy could exist for the proprietor, the opinion said. From limitations concerning the hours of operation, to zoning restrictions, to prohibitions on their ability to serve alcohol, to rules governing the very size of the establishments, adult entertainment businesses are routinely and pervasively regulated by cities and municipalities.
The court, however, agreed with the club that the city could not require establishments to verify that dancers are citizens or otherwise eligible for employment. Marcus wrote that federal law governs such requirements, and Congress provided an exemption for verifying the employment eligibility of contract workers or casual hires.
Here, the ordinance fails the relevant constitutional test because, by requiring certain businesses to verify the employment eligibility of independent contractors and casual hires, it obstructs federal law, the opinion said.
Marcus wrote that the unconstitutional part of the ordinance was severable and did not prevent the other requirements from being in effect.
See original here:
Appeals Court Upholds City Ordinance Related to Strip Club Restrictions - tallahasseereports.com
- Why Congress Must Reform FISA Section 702and How It Can - brennancenter.org - April 12th, 2024 [April 12th, 2024]
- CIA wants more power to spy on Americans - Washington Times - April 12th, 2024 [April 12th, 2024]
- Keyboard search warrants and the Fourth Amendment | Brookings - Brookings Institution - February 22nd, 2024 [February 22nd, 2024]
- Just Published: "Terms of Service and Fourth Amendment Rights" - Reason - February 22nd, 2024 [February 22nd, 2024]
- Can Texas police set up DWI checkpoints in Dallas-Fort Worth? Here's what to know - Yahoo News Canada - February 16th, 2024 [February 16th, 2024]
- The FBI's Lawless Raid on U.S. Private Vaults Shows Why the Founders Created the Fourth Amendment | Jon Miltimore - Foundation for Economic Education - February 16th, 2024 [February 16th, 2024]
- HCSO to release body cam footage to plaintiff alleging Fourth Amendment violation - Smoky Mountain News - December 19th, 2023 [December 19th, 2023]
- Section 702 surveillance doesn't belong in the NDAA - Defense One - December 16th, 2023 [December 16th, 2023]
- Valkyrie's Fourth Amendment for the Launch of a Bitcoin ETF - Crypto Times - December 16th, 2023 [December 16th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 14th, 2023 [December 14th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 13th, 2023 [October 13th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 13th, 2023 [October 13th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 13th, 2023 [October 13th, 2023]
- First and Fourth Amendment Claims Over Arrest at Protest of Police ... - Reason - September 25th, 2023 [September 25th, 2023]
- Law enforcement violation of the fourth amendment - Daily Kos - September 25th, 2023 [September 25th, 2023]
- D.C. Appeals Court weighs whether phone seizures from 2020 ... - Washington Times - September 25th, 2023 [September 25th, 2023]
- Opinion: Why you shouldn't turn on your phone in church Palo Alto ... - The Daily Post - September 25th, 2023 [September 25th, 2023]
- Court attorneys group hosts CLE seminar with esteemed Justice ... - Brooklyn Daily Eagle - September 25th, 2023 [September 25th, 2023]
- Former Dona Ana County Deputy Sheriff Charged with Federal Civil ... - Department of Justice - September 25th, 2023 [September 25th, 2023]
- Editorial: Renters rights ruling | Opinion - nwestiowa.com - September 25th, 2023 [September 25th, 2023]
- U.S. Attorney's Statement Regarding Proposed Changes to Crime ... - Department of Justice - September 25th, 2023 [September 25th, 2023]
- New Jersey provides a road map for fighting racially biased traffic ... - Slate - September 25th, 2023 [September 25th, 2023]
- Animal rights advocates sue after facing ongoing censorship and ... - Foundation for Individual Rights in Education - September 25th, 2023 [September 25th, 2023]
- Gerald Jako Pleads Guilty to Two Counts of Murder in Ohio County - Wheeling Intelligencer - September 25th, 2023 [September 25th, 2023]
- Supreme Court of Appeals Visits Campus The Parthenon - MU The Parthenon - September 25th, 2023 [September 25th, 2023]
- Securities and Exchange Board of India (Listing Obligations and ... - Tax Management India. Com - September 25th, 2023 [September 25th, 2023]
- Legal Strategies For A Strong Defense Against Bribery Accusations - American Judicature Society - September 25th, 2023 [September 25th, 2023]
- Police get new images of area break-in suspect - Southwest Virginia Today - September 15th, 2023 [September 15th, 2023]
- Napolitano: Is the CIA in your underwear? | News, Sports, Jobs - Standard-Examiner - September 15th, 2023 [September 15th, 2023]
- Bulletin: Maryland Juvenile Services Head Says Violence Among ... - The Trace - September 15th, 2023 [September 15th, 2023]
- Tased horseman's excessive force claims clear bar Rhode Island ... - Rhode Island Lawyers Weekly - September 15th, 2023 [September 15th, 2023]
- The absurdity of fact-checkers | Columnists | leader-call.com - leader-call.com - September 15th, 2023 [September 15th, 2023]
- Facial Recognition Technology and False Arrests: Should Black ... - Capital B - September 15th, 2023 [September 15th, 2023]
- Letter to the editor - Southeast Iowa Union - September 15th, 2023 [September 15th, 2023]
- Petition hopes to stop US government agencies from using ... - Cointelegraph - September 15th, 2023 [September 15th, 2023]
- Passing on the legacy of 9/11 to the next generation The ... - The Duquesne Duke - September 15th, 2023 [September 15th, 2023]
- Congress Should Reauthorize a Key Intelligence Tool - Foreign Policy Research Institute - September 5th, 2023 [September 5th, 2023]
- Kansas City police made arrests based on rescinded warrants ... - Kansas Reflector - September 5th, 2023 [September 5th, 2023]
- Tased horsemans excessive force claims clear bar - Virginia Lawyers Weekly - September 5th, 2023 [September 5th, 2023]
- Ball is in AL's court - newagebd.net - September 5th, 2023 [September 5th, 2023]
- Lawsuit against police chief just the latest shoe to drop in Marion ... - Kansas Reflector - September 5th, 2023 [September 5th, 2023]
- In the wake of Idalia, residents of one Florida town are turning to ... - Poynter - September 5th, 2023 [September 5th, 2023]
- NYPD using drones to monitor NYC backyard Labor Day parties, spurring privacy concerns - NBC New York - September 5th, 2023 [September 5th, 2023]
- City of Grand Rapids dismissed, lawsuit against Christopher Schurr ... - FOX 17 West Michigan News - September 5th, 2023 [September 5th, 2023]
- OSHA's Proposed Rule Would Allow Union Walkthroughs of All ... - Fisher Phillips - September 5th, 2023 [September 5th, 2023]
- Letters From Readers, Aug. 31, 2023 | Opinion | avpress.com - Antelope Valley Press - September 5th, 2023 [September 5th, 2023]
- Where are the Noah's Park animals? - The Pike County Courier - September 5th, 2023 [September 5th, 2023]
- His hands were up: Attorney for football game shooting victim says civil rights violated - Yahoo News - September 5th, 2023 [September 5th, 2023]
- NYC voters explain why theyre voting for RFK Jr. over Biden: Going ... - 1330 WFIN - September 5th, 2023 [September 5th, 2023]
- Houston Food Not Bombs in Court over Feeding the Unhoused - The Texas Observer - September 5th, 2023 [September 5th, 2023]
- Search and seizure Equal protection Discriminatory policing - Massachusetts Lawyers Weekly - May 18th, 2023 [May 18th, 2023]
- The Timing of Computer Search Warrants When It Takes the ... - Reason - May 18th, 2023 [May 18th, 2023]
- Councilmembers Inquired About Pretext Stops By Police One Year ... - Pasadena Now - May 18th, 2023 [May 18th, 2023]
- BARINGS BDC, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - May 18th, 2023 [May 18th, 2023]
- Alabama appeals court reverses murder conviction of Ala. officer ... - Police News - May 18th, 2023 [May 18th, 2023]
- Oakland narrows town manager search to five | West Orange Times ... - West Orange Times & SouthWest Orange Observer - May 18th, 2023 [May 18th, 2023]
- The Durham Report Is Right About the Need for More FBI Oversight - Reason - May 18th, 2023 [May 18th, 2023]
- Collective knowledge doctrine applies to a traffic stop - Police News - May 18th, 2023 [May 18th, 2023]
- Interpretation: The Fourth Amendment | Constitution Center - March 31st, 2023 [March 31st, 2023]
- Public Schools :: Fourth Amendment -- Search and Seizure :: US ... - January 2nd, 2023 [January 2nd, 2023]
- BSE : Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2022 - Marketscreener.com - November 27th, 2022 [November 27th, 2022]
- Trump legal counsel vows 'Fourth Amendment based' challenge to Mar-a ... - October 21st, 2022 [October 21st, 2022]
- Get to Know the EFA: Digital Fourth - EFF - October 13th, 2022 [October 13th, 2022]
- Arguments heard in body in trunk case | News, Sports, Jobs - Minot Daily News - October 13th, 2022 [October 13th, 2022]
- Ormond Beach Planning Board to meet Thursday - Ormond Beach Observer - October 13th, 2022 [October 13th, 2022]
- Limiting the Power of Police in Schools - The Regulatory Review - October 13th, 2022 [October 13th, 2022]
- Letter to the Editor: What Republicans Believe - Door County Pulse - October 13th, 2022 [October 13th, 2022]
- Trump wants other presidents investigated - KRLD - October 13th, 2022 [October 13th, 2022]
- Trump Rally Speech Shows He's 'Guilty and Scared': Former Prosecutor - Newsweek - October 13th, 2022 [October 13th, 2022]
- Court Strips Immunity From Cop Who Shot A Dog Within Seconds Of Arriving On The Scene Of A Non-Crime - Techdirt - October 6th, 2022 [October 6th, 2022]
- Claiming to have 4.3 trillion readers, the Onion supports parodist and its writers' paychecks in SCOTUS brief - ABA Journal - October 6th, 2022 [October 6th, 2022]
- INHIBRX, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - October 6th, 2022 [October 6th, 2022]
- PennLive goes to court for records related to U.S. Rep. Scott Perrys cell phone - PennLive - October 6th, 2022 [October 6th, 2022]
- Rusty Hardin & Associates Strengthens Litigation Team with Addition of Attorney Aisha Dennis - PR Newswire - October 6th, 2022 [October 6th, 2022]
- Vancouver City Council asked to OK $725000 deal with family of man killed by police - The Columbian - October 6th, 2022 [October 6th, 2022]
- Govt plans to auction 22 mineral blocks in 3 states within next two months - Business Standard - October 6th, 2022 [October 6th, 2022]
- Fort Worth officers sued after being accused of violating rights - WFAA.com - September 27th, 2022 [September 27th, 2022]
- LSU professors, students weigh in on constitutionality of room scans for online exams - The Reveille, LSU's student newspaper - September 27th, 2022 [September 27th, 2022]
- Solution for ideological division: Revising the Constitution? - The Christian Science Monitor - September 27th, 2022 [September 27th, 2022]
- Lawsuit says teen was thrown in solitary confinement and abused inside Maine's youth prisons - observer-me.com - September 27th, 2022 [September 27th, 2022]