Officials Seek to Take Case to U.S. High Court
A week after a federal appeals court ruled that the city unconstitutionally prohibited an adult business from operating, city officials have decided to take their case to the U.S. Supreme Court.
City Atty. David Hirsch said city officials figure it will cost $25,000 to take the case to the high court. There is no guarantee that the court will take up the case.
The city has lost two previous rulings in a dispute with Philip Young, the owner of Coco Beach Tanning Salon on Erringer Road. In 1997, a federal District Court ruled that city officials violated Young’s 1st Amendment rights by revoking permits he had received to open a strip joint in the city.
City officials used a city law that said an adult business could not open within 1,000 feet of any school, religious organization or park, and not within 500 feet of residential areas.
Before Young was able to open a strip joint, a Bible study group moved in next door and the city revoked his permits.
City officials contend that a nearby karate studio disqualified Young from opening because most of the students were children.
Last week, three judges in the 9th Circuit Court ruled 2 to 1 to uphold the 1997 decision.
City leaders said they don’t believe they violated Young’s civil rights and want to contest the case to protect taxpayers from a potentially expensive lawsuit.