JACKSONVILLE, Fla. -- A bikini club proposed to go up on Baymeadows Road which would serve alcohol has a federal judge finding a city ordinance that would regulate dancing entertainment as "unconstitutionally over broad."
United States District Judge Marcia Morales Howard arrived at the conclusion in handling a lawsuit filed against the city by Albanese Enterprises that is seeking to renovate and open a former Burger King into a bikini club.
The sheriff's office and the planning commission last summer approved alcohol sales, but the city citing its "dancing entertainment establishment code" said the owners would also need a zoning exception.
Under the city's ordinance the court concluded the First Amendment which includes free expression is being compromised and as a result the ordinance cannot be enforced.The judge found the ordinance was to broad and vague that it would encompass "any establishment where any worker dances" and accepts tips of compensation.
The court has scheduled a hearing in November to decide whether the city should be held in contempt for not taking action on the bikini club issue following the ruling the ordinance has major legal issues.
Attorneys handling the case for the city are not commenting since there is pending legal action. The attorney for the club could not be reached for comment on Monday.