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Zoning Sex in Real/Cyberspace
Posted by Ernest Miller on Monday, October 08 @ 20:40:10 EDT Free Expression
Carl Kaplan, the Cyber Law columnist for the New York Times (reg. req.) takes a look at a case involving whether or not the city of Tampa can ban an adult webcam site under the city's anti-sex industry ("adult entertainment facilities") zoning laws (Florida Community Can't Shut Down 'Voyeur Dorm'). The 11th Circuit decision in favor of the pornsite makes the claim that since no customers can actually enter the physical premises of VoyeurDorm [no link, they use mousetrapping, if you want to take a look: www.voyeurdorm.com], the zoning laws (based on secondary effects on the neighborhood by customers) cannot be used to justify the ban since the customers are not actually in the neighborhood. Findlaw has the opinion (Voyeur Dorm v City of Tampa) and the pertinent US Supreme Court precedent (Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986)). WIRED also has the story (VoyeurDorm: Address Unknown) - favorite quote, "'It's ironic that [Tampa Mayor Dick] Greco -- a major advocate for the city's face-scanning cameras -- apparently doesn't hold booty-scanning in quite the same regard,' Luke Lierot, a lawyer for VoyeurDorm, said." Slashdot has a discussion (Cyberspace a Separate Place?).
 
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