Real Estate & Property Law
Federal Judge Sides With ‘Dorm Dudes’ in Miami Porn House Case
Posted Feb 3, 2009, 04:26 pm CST
By Martha Neil
An attempt by the city of Miami to close down a house in which "dorm dudes" are paid by a gay porn website to live there and have sex on schedule has failed.
The operation isn't covered by a city's zoning restriction banning adult businesses in a residential area, a federal judge has ruled, because all customers of Cocodorm view the porn over the Internet rather than on-site, reports the Miami Herald.
The Jan. 27 ruling applies an opinion from the Atlanta-based 11th U.S. Circuit Court of Appeals opinion in a similar case involving a Tampa, Fla.-based "Voyeurdorm" featuring women, the newspaper explains.
''As a practical matter, zoning restrictions are indelibly anchored in particular geographic locations,'' the 11th Circuit held. But at Voyeurdorm, 'the public offering occurs over the Internet in 'virtual space.' ''
Earlier ABAJournal.com coverage:
‘Dorm Dudes’ May Be Right in Miami’s Gay Porn Fight
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