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Voyeur Dorm filed this action in the middle district of Florida. DISCUSSION The threshold inquiry is whether section 27-523 of Tampa's City Code applies to the alleged activities occurring at 2312 West Farwell Drive. Ed.2d 29 (1986) (“[A] city's ‘interest in attempting to preserve the quality of urban life is one that must be accorded high respect.’ ”) (quoting Young v. As a practical matter, zoning restrictions are indelibly anchored in particular geographic locations. 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. The City of Tampa and Voyeur Dorm then filed cross-motions for summary judgment. Whether the district court properly determined that the alleged activities occurring at 2312 West Farwell Drive constitute a public offering of adult entertainment as contemplated by Tampa's zoning restrictions.2. Because of the way we answer that inquiry, it will not be necessary for us to analyze the thorny constitutional issues presented in this case. Residential areas are often cordoned off from business districts in order to promote a State's interest. Here, the audience or consumers of the adult entertainment do not go to 2312 West Farwell Drive or congregate anywhere else in Tampa to enjoy the entertainment. Marshlack are the owners of the real property located at 2312 West Farwell Drive. The body of case law applying legislative restrictions to adult entertainment establishments relies on adverse effects that debase adjacent properties.

The circuit court found that Voyeur Dorm did not fit the Tampa City Code section 27-523.In February of 1999, Tampa's Zoning Coordinator, Gloria Moreda, replied to counsel's request and issued her interpretation of the City Code, concluding in relevant part: The following generally describes the activities occurring on the property:1. 30 Internet cameras are located in various rooms in the house; such as the bedrooms, bathrooms, living rooms, shower and kitchen.3. For a fee, internet viewers are able to monitor the activities in the different rooms.4. The web page shows various scenes from the house, including a woman with exposed buttocks. In accord with Tampa's arguments, the district court specifically determined that the “plain and unambiguous language of the City Code ․ does not expressly state a requirement that the members of the public paying consideration be on the premises viewing the adult entertainment.” Voyeur Dorm, L. Ed.2d 874 (1997) (stating that internet communication is “a unique medium-known to its users as ‘cyberspace’-located in no particular geographical location but available to anyone, anywhere in the world, with access to the Internet”).Statements on the page describe activities that can be viewed such as “the girls of Voyeur Dorm are fresh, naturally erotic and as young as 18.

Catch them in the most intimate acts of youthful indiscretion.”The web page can be found by going to Yahoo! The name of the website is, itself, advertising the adult nature of the entertainment. Ed.2d 29 (1986) (upholding a zoning ordinance that prohibited adult motion picture theaters from operating in certain locations based upon the negative secondary effects created by such theaters); Young v. City of Tampa, Fla., 265 F.3d 1232 (2001), decided on September 21, 2001, was a case decided by the 11th Circuit Court, in which the court decided whether on online site called Voyeur Dorm fit the Tampa City Code definition of an “adult entertainment establishment.” The circuit court was unanimous in its decision.From August 1998 to June 2000, Voyeur Dorm generated ,166,551.35 from subscriptions and sales.Section 27-523 defines adult entertainment as: “Any [sic] premises, except those businesses otherwise defined in this chapter, on which is offered to members of the public or any person, for a consideration, entertainment featuring or in any way including specified sexual activities, as defined in this section, or entertainment featuring the displaying or depicting of specified anatomical areas, as defined in this section; ‘entertainment’ as used in this definition shall include, but not be limited to, books, magazines, films, newspapers, photographs, paintings, drawings, sketches or other publications or graphic media, filmed or live plays, dances or other performances distinguished by their display or depiction of specified anatomical areas or specified anatomical activities, as defined in this section.”Please be aware that the property is zoned RS-60 Residential Single Family, and an adult use business is not permitted use. City of Mobile, 140 F.3d 993, 996-97 (11th Cir.1998) (noting that it is well established that the regulation of public health, safety, and morals is a valid and substantial state interest); Corn v. You should advise your client to cease operation at that location. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir.1993) (noting that the “Supreme Court has held [that] restrictions may be imposed to protect ‘family values, youth values and the blessings of quiet seclusion’ ”) (internal citations omitted). Ed.2d 265 (2000) (relying on the negative secondary effects doctrine to uphold a city's ordinance as applied to an erotic dancing establishment); City of Renton v. The district court granted Tampa's motion for summary judgment, from which Voyeur Dorm now appeals. Whether the district court properly relied on the negative secondary effects doctrine in determining the constitutionality of Tampa's zoning restrictions as applied to 2312 West Farwell Drive.3. Section 27-523 defines adult entertainment establishments as[a]ny premises, except those businesses otherwise defined in this chapter, on which is offered to members of the public or any person, for a consideration, entertainment featuring or in any way including specified sexual activities, as defined in this section, or entertainment featuring the displaying or depicting of specified anatomical areas, as defined in this section; “entertainment” as used in this definition shall include, but not be limited to, books, magazines, films, newspapers, photographs, paintings, drawings, sketches or other publications or graphic media, filmed or live plays, dances or other performances either by single individuals or groups, distinguished by their display or depiction of specified anatomical areas or specified sexual activities, as defined in this section. 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.

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