TAMPA – A company planning to convert an old Valrico tavern into a “bikini bar” filed suit Tuesday against Hillsborough County, claiming commissioners manipulated the county staff and code to keep the establishment shuttered.
Gemini Property Ventures is asking a judge to force the county to allow the bikini bar to open and to rule that county officials operated with “unbridled administrative discretion” when determining the club’s fate.
“They’ve stonewalled this business in so many ways – in ways that wouldn’t happen with any other business,” said Jennifer D’Angelo, an attorney for Gemini.
The company accused the county of arbitrarily and intentionally violating its constitutional rights in an “abuse of legislative power.”
The proposed bar, 1602 E Brandon Blvd., has been the subject of protests from east county residents concerned about a sexually suggestive business in their community.
Though the bar could not open as a nude bar, it can employ dancers in bikinis. The dancers can give lap dances as long as they keep their bikinis on.
Plaintiffs said that alone led commissioners to unfairly characterize it an “adult use” facility subject to the same sorts of laws as strip clubs.
“We don’t want sexually oriented businesses in our community,” said Terry Kemple, who helped organize Community Action Summit, a group fighting the bikini bar. “They are damaging to the community, they reduce property values and they increase crime.”
County planners rescinded approval for the bar last month, saying it lacked adequate parking. Workers found that its 17 parking spaces are smaller than the 200-square-foot requirement. And there’s not enough space in the existing parking area to make them big enough to meet standards.
The latest roadblock came after an almost yearlong effort by Gemini to open the bar.
The suit claims one general contractor resigned from the project because of “extensive scrutiny and overwhelming pressure” and threats that he would be hindered in getting future building permits in the county.
“It’s obviously become a political issue at the point,” D’Angelo said. But the business “is no different legally than a Hooters, except for the fact that there are dance performances that are legally protected by the First Amendment.”
Commissioner Ronda Storms takes center stage in the lawsuit. Gemini charges that Storms “threatened or coerced all county employees” dealing with the approvals necessary to open the business.
Storms exceeded her authority, violated the county charter and tried to modify the land development code “through legislative fiat,” the suit claims.
Storms could not be reached for comment Tuesday night. But County Administrator Pat Bean defended the county’s actions.
“I think that we have spent a lot of time trying to make sure we were not being capricious and we were following the law to the greatest extent that we can,” Bean said. “I can tell you that we spent hours with the county attorney and others going over the variance issue and making sure that we were following the rules.”
Bean had not yet seen the 53-page suit but said it didn’t surprise her. Of the accusation that Storms manipulated employees, Bean said, “No single commissioner can influence an employee to do something that is inconsistent with the law.”
Kemple thinks the plaintiffs should have filed another appeal with the county before heading to court.
“The process has been followed, and their filing this lawsuit is bunk,” he said. “They’re just trying to bully their way through the process.”
In addition to seeking injunctive relief, Gemini is seeking award of all attorneys fees incurred as a result of the lawsuit.