With the Code Enforcement Board's ruling, starting today, the city will fine us
up to $500 per day for each day we remain open. We are filing an emergency
motion in federal court to block the city's ruling citing Voyeur Dorm v. City
of Tampa and sue the City of Miami.
Miami is wasting tax dollars to prosecute the legal CocoDorm residence, while
drug dealers and prostitutes reign free on the streets of this neighborhood,
which is known for it's infamous 'hoe stroll', but we suppose NBC and the city
don't care about real problems.
Customers do not visit the CocoDorm location and neighbors didn't know about
CocoDorm (until NBC knocked on their door after they received an anonymous
packet mailed by a competitor). What happens inside of CocoDorm is no different
than what happens behind the closed door of any other house; people live,
interact and have sex. This is our and your First Amendment right, and we will
fight for these rights.
By the way, no one from the neighborhood was present at any of the three
hearings. In fact we have a petition of neighbors in support of CocoDorm!
We will not close the CocoDorm!
Bleicher and his boys not take this lying down. Unless they're getting paid.
The referenced case followed a similar line: city tried - and ultimately failed
- to shut down a porn broadcasting house. In that ruling, Judge Joel F. Dubina
wrote that Voyeur Dorm broke no laws, because the action, if you will, took
place elsewhere:
The residence of 2312 West Farwell Drive provides no 'offer[ing] [of adult
entertainment] to members of the public. The offering occurs when the
videotaped images are dispersed over the Internet and into the public eye for
consumption. The City Code cannot be applied to a location that does not,
itself, offer adult entertainment to the public.
If Miami's lawyers follow the same line of thinking, well, Bleicher's got a
case. And his neighbors, we're sure, will hate him even more.
