In what reads as a harsh criticism of the limited appellate challenge mounted, the 11th Circuit Court of U.S. Court of Appeals affirmed an ordinance of Hillsborough County, Florida regulating bikini bars as having the purpose and effect of suppressing secondary effects.
The only evidence asserted by the challenger that the local ordinance did not have the purpose or effect of suppressing secondary effects was an expert witness’s assertion that calls for police help from the challenger’s adult business compared favorably to non-adult business. The 11th Circuit rejected and discounted the value of such police calls as indicative of the kind of secondary effects which were the focus of the local ordinance.
5634 East Hillsborough Avenue, Inc. v. Hillsborough County, Florida, U.S. District Court of Appeals, 11th Circuit, Case No. 07-14955, decided September 18, 2008.