- Apr 14, 2001
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Nudity ordinance back on table in Daytona Beach
By JOHN BOZZO (john.bozzo@news-jrnl.com)
Staff Writer
DAYTONA BEACH -- Beachgoers in skimpy thong swimwear might want to cover up before they step from the county-controlled beach to city property if a new ordinance is approved Wednesday.
A local Libertarian Party leader describes the ordinance as an attack on personal liberty and brought a 2-inch thick petition to City Hall recently, signed by about 2,000 people urging the City Commission to reject the ordinance.
The proposed ordinance might hit hardest on public nudity at special events and two nightclubs that offer nude dancing courtesy of a federal lawsuit challenging the city's adult entertainment rules.
"This is a highly restrictive ordinance limiting what people will be allowed to wear in Daytona Beach," said Edward Heaphy, an Ormond Beach resident and local Libertarian Party treasurer. "It brings up images of police with rulers measuring bathing suits."
City commissioners plan to take up the issue in their meeting at 7 p.m. Wednesday at City Hall, 301 S. Ridgewood Ave.
Heaphy said the ordinance would spark lawsuits that would cost the city $300,000 because it would not be enforced everywhere, such as pool decks. It would force women to wear 1950s-style bathing suits, he said, and be bad for tourism. He said there's no need for a city ordinance because a state law bans public nudity.
"Those are misperceptions," said Marie Hartman, deputy city attorney.
The city ordinance might carry a fine up to $500, but not a criminal record that goes with a state charge, she said.
Skimpy bathing suits could still be worn legally, Hartman said, as long as one-third of the buttocks or one-quarter of a woman's breast are covered.
"I don't expect the primary enforcement objective for our police officers to be keeping an eye out for women who might have minimal violations," she said. "We will be enforcing particularly flagrant violations and where repetitions of flagrant violations occur."
Daytona Beach had a city ordinance prohibiting public nudity until April when all city codes were reorganized. The proposed ordinance is updated to comply with current Supreme Court rulings that exempt nudity, which would be considered free expression protected by the U.S. Constitution.
Two nightclubs say the nude dancing they offer is constitutionally protected -- Molly Brown's on Seabreeze Boulevard and the Pink Pony on Ridgewood Avenue. Hartman said places where dancers perform nude regularly would be a flagrant violation.
"Passage of this ordinance is certainly going to result in more litigation," said Gary Edinger, an attorney representing Molly Brown's.
Talks to settle a federal lawsuit by the clubs challenging the city's adult entertainment rules have not stalled, but there's no resolution yet. The clubs won a victory in July when a federal judge ruled the city does not have enough locations for nude dancing. The city is appealing the ruling.
As for the cost of defending legal challenges against the city's adult entertainment rules, Hartman said the expense is nowhere near $300,000. Hartman, a salaried city employee, has battled high-priced legal talent from adult businesses for nearly 20 years. Her current annual salary is about $87,000.
By JOHN BOZZO (john.bozzo@news-jrnl.com)
Staff Writer
DAYTONA BEACH -- Beachgoers in skimpy thong swimwear might want to cover up before they step from the county-controlled beach to city property if a new ordinance is approved Wednesday.
A local Libertarian Party leader describes the ordinance as an attack on personal liberty and brought a 2-inch thick petition to City Hall recently, signed by about 2,000 people urging the City Commission to reject the ordinance.
The proposed ordinance might hit hardest on public nudity at special events and two nightclubs that offer nude dancing courtesy of a federal lawsuit challenging the city's adult entertainment rules.
"This is a highly restrictive ordinance limiting what people will be allowed to wear in Daytona Beach," said Edward Heaphy, an Ormond Beach resident and local Libertarian Party treasurer. "It brings up images of police with rulers measuring bathing suits."
City commissioners plan to take up the issue in their meeting at 7 p.m. Wednesday at City Hall, 301 S. Ridgewood Ave.
Heaphy said the ordinance would spark lawsuits that would cost the city $300,000 because it would not be enforced everywhere, such as pool decks. It would force women to wear 1950s-style bathing suits, he said, and be bad for tourism. He said there's no need for a city ordinance because a state law bans public nudity.
"Those are misperceptions," said Marie Hartman, deputy city attorney.
The city ordinance might carry a fine up to $500, but not a criminal record that goes with a state charge, she said.
Skimpy bathing suits could still be worn legally, Hartman said, as long as one-third of the buttocks or one-quarter of a woman's breast are covered.
"I don't expect the primary enforcement objective for our police officers to be keeping an eye out for women who might have minimal violations," she said. "We will be enforcing particularly flagrant violations and where repetitions of flagrant violations occur."
Daytona Beach had a city ordinance prohibiting public nudity until April when all city codes were reorganized. The proposed ordinance is updated to comply with current Supreme Court rulings that exempt nudity, which would be considered free expression protected by the U.S. Constitution.
Two nightclubs say the nude dancing they offer is constitutionally protected -- Molly Brown's on Seabreeze Boulevard and the Pink Pony on Ridgewood Avenue. Hartman said places where dancers perform nude regularly would be a flagrant violation.
"Passage of this ordinance is certainly going to result in more litigation," said Gary Edinger, an attorney representing Molly Brown's.
Talks to settle a federal lawsuit by the clubs challenging the city's adult entertainment rules have not stalled, but there's no resolution yet. The clubs won a victory in July when a federal judge ruled the city does not have enough locations for nude dancing. The city is appealing the ruling.
As for the cost of defending legal challenges against the city's adult entertainment rules, Hartman said the expense is nowhere near $300,000. Hartman, a salaried city employee, has battled high-priced legal talent from adult businesses for nearly 20 years. Her current annual salary is about $87,000.
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