That discrimination, they say, is illegal, treating identical classes of citizens differently, solely because of their sex. The firm asserts that the city is trying to treat gay men differently from straight men. “The change in the gender of the performers and the sexual orientation of the clientele are the only changes made at the Plaintiff’s establishment,” the law firm argues in its complaint. In their first count, the attorneys take the position that the law unconstitutionally discriminates against homosexuals and “male patronage,” since the establishment at 17540 Biscayne Boulevard previously, two decades ago, allowed totally nude dancing by females. The law firm of Benjamin & Aaronson of Fort Lauderdale, skilled first amendment advocates, have laid out a number of novel legal arguments asserting that the city has no basis to enforce the law.
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In response, the club’s attorneys have filed a federal lawsuit against North Miami Beach seeking an injunction to stop the city dead in its tracks, and prevent enforcement of the 1994 law banning nudity. The city then told the nightclub that they would “commence enforcement” of the law without further warnings, beginning Wednesday, May 16. The city had first imposed a deadline of March 23, but then gave them an extension until April 27. “Nothing,” the club’s ads say, “should get between you and a good time.” Apparently, the city doesn’t agree. Without fanfare, in February, city attorneys put the club on notice that their nude dancing was illegal, and ordered them to cease and desist, or have their dancers and management face arrest and prosecution. It is blatant sex-based discrimination, targeting gay life.” Stated attorney Jamie Benjamin, whose firm, along with co-counsel Norman Powell, filed the federal suit, “For 22 years the city of North Miami Beach licensed adult nude entertainment at that location, but as soon as one Swinging Richard appeared there, the city began a campaign to shut them down.
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The club could not disagree more, and is going to court to prove it. The City of North Miami Beach has taken the legal position the club never had a right to allow nudity from its inception.
GAY BAR MIAMI NUDE FULL
When Swinging Richards of North Miami Beach opened last fall with promises of full frontal male nudity, many bewildered bar owners and patrons wondered just how they could do it, as a 1994 city ordinance had banned nudity in its alcoholic beverage establishments.
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Ordered by City to End Nude Dancing, Club Sues Complaint alleges Law Discriminates Against Gays