Miami - from www.miaminewtimes.com - The latest judgment in the ongoing legal battle between Cocodorm and the City of Miami is a bit of a boner killer for your friendly, local gay porn voyeur site.
Cocodorm owns a house on 27th Street east of Biscayne Boulevard, a short walk from New Times HQ, where several men, primarily African-American, live free of charge and receive $1,200 a month to get it on with each other on streaming web cameras.
In 2007, the city's code enforcement board posted a notice on Cocodorm's door saying that operating an adult business in a residential zone was illegal, which set off an ongoing legal battle between the porn company and the city.
Flava Works Inc, Cocodorm's parent company, sued the city in federal court and cited the case of Voyeur Dorm v. City of Tampa. A judge ruled in that case that Voyeur Dorm could operate in a residential zone because it was not offering adult entertainment services.
Flava Works won its first fight in district court, but that ruling was partially overturned in the 11th Circuit U.S. Court of Appeals and ruled in favor of the City of Miami.
"The activities taking place at the 27th Street residence are part and parcel to Flava Works' business operations. The fact that certain aspects of the business are performed at other locations does not alter this analysis. Business objectives are the sole reason individuals are paid to live and engage in sexual activities at the 27th Street residence. Flava Works would be unable to deliver content to its subscribers without these endeavors. The activities taking place at the 27th Street residence are a clear violation of the prohibition against operating a business in a residential zone," 81-year-old Judge Peter T. Fay wrote in his 15-page opinion.
The city allows adult businesses only in industrial areas and requires city approval. However, Fay did not rule that the activities constituted an adult business, but merely a business. No matter what the situation, he argues that the city is right in claiming a business is being run in a residential zone.
from www.law.com - A federal appellate court has ruled against an adult entertainment company that sold streaming video from a Miami home where gay male models lived, finding the residence constituted a business and violated a city zoning ordinance.
But the case may not be lost for Miami-based Flava Works, operator of Cocodorm.com. The 11th U.S. Circuit Court of Appeals sent the case back to U.S. District Court Judge Marcia Cooke to consider constitutional claims.
Cooke cited an 11th Circuit opinion from 2001 that found homes broadcasting online sex were not adult businesses because their product is on cyberspace. Flava Works contended its business premises were across town from the home cited by the city. But the company lost its argument that CocoDorm could not be considered a business because it did not manufacturer a product at the location.
The three-judge panel ruled Friday that video images sold over the Internet were created at the residence and had commercial value.
"The activities taking place at the 27th Street residence are part and parcel to Flava Work's business operations," Judge Peter Fay wrote. "The fact that certain aspects of the business are performed at other locations does not alter this analysis."
Circuit Judge William H. Pryor concurred along with U.S. District Judge Jordan J. Quist, who was sitting by designation from Michigan.
