Flagler Beach, Fl- A company that wants to open an "adult" dance club off State Road A1A has filed a federal lawsuit against Flagler Beach, claiming city laws banning such clubs violate the owners' right to freedom of expression.
Meanwhile, residents who learned of the planned nightclub staged protests at the site over the weekend and again Monday night.
In a lawsuit filed Jan. 3 in U.S. District Court in Jacksonville, the owners of Cristina's Oceanview restaurant claim the city's "Byzantine framework of zoning, licensing and regulatory provisions . . . impose restrictions and prohibitions on First Amendment protected expression, specifically on adult entertainment business."
The business is on oceanfront property in south Flagler Beach that housed a restaurant two months ago.
A sign at the business now identifies it as "Liquid," and the decor has changed as well. Now, dark drapes and tinted windows enclose plum-colored walls. To the right of the entrance sits a half-stocked bar, new black barstools and track lighting. In the center of the room, a black painted stage features glittery letters spelling out the club's name with an "I" in the shape of a woman.
An employee inside the bar on Monday, who declined to give his name, said the "gentlemen's and ladies club" plans to open Friday night.
The company's lawsuit challenges the city's anti-nudity restrictions but doesn't say nudity is planned for the club. Rather, "dance performances" dealing with "human sexuality" are planned, the suit says.
If the business opens as a nude dance club, it would violate a city ordinance that requires such businesses carry an adult entertainment license, city officials said Monday. Adult entertainment clubs are banned in areas zoned as "tourist commercial."
If nude dancers take the stage, the city will enforce existing laws, City Manager Bill Veach said Monday.
When approached inside the business, Peter Lyden declined to be interviewed and instead referred questions to Tampa lawyer Luke Lirot. Lirot did not return telephone calls Monday. Lyden is listed on the state Division of Corporation's Web site as "registered agent" of Christina's Oceanview Inc.
Recent renovations at the site prompted Valerie Sanson, a Flagler Beach resident, to ask questions a few days ago. When she learned of the owners' plans, she quickly organized protests over the weekend. A demonstration on Monday drew more than 100 protestors holding signs with messages such as: "Save Our Children," "No Strippers" and "No Sleaze."
"I don't want everything that it attracts, the whole element of customers and business that doesn't belong in our residential neighborhood," said Stacy Zwenger, who lives blocks from the property.
Under a city ordinance enacted in 2001, adult businesses must be in one of the city's few industrial zones -- which Liquid is not -- and must be 1,000 feet from schools, residential communities, churches and playgrounds.
Applicants must also pay a $10,000 application fee and $1,000 to maintain a license.
Flagler Beach Commissioner Robert Mish Said he wants the city to uphold the ordinance, and would support hiring an attorney to fight the case.
"You can't believe how the town is upset about this -- it's unbelievable."
