Flava Works Files Lawsuit Against Miami

MIAMI, Fla. — Flava Works Inc. has fired back in its legal battle with Miami, filing a lawsuit in which the company claims that the city’s actions against it violate multiple provisions of both the U.S. and Florida constitutions.

At the core of the Flava Works claim is the assertion that the zoning and adult business licensing provisions that the city is seeking to enforce against the company simply do not apply to the company’s CocoDorm.com website, because those regulations pertain to physical — not virtual — space.

“While CocoDorm has a physical office … its business is actually conducted in cyberspace,” the company said in its complaint. “That is, CocoDorm offers live and recorded feeds of sexually explicit conduct to the consuming public via the Internet …  [t]here is no evidence that any customer, vendor or supplier of CocoDorm has ever come to the premises … for any purpose.”

In the complaint, Flava Works also takes exception to the city’s claims that the CocoDorm residence has a negative impact on its surrounding community.

“[T]he Internet transmission of images from inside that home do not generate adverse secondary effects of any kind,” the company said in its complaint. “Indeed, the home is indistinguishable from any other home in the community.”

Flava Works also argued that there’s really nothing that unusual taking place inside the CocoDorm, noting that “[g]iven the nature of the human species, it is likely that many, if not all, of the neighbors in the homes surrounding [the CocoDorm property] also engage in sexual activities on a regular basis. Presumably, those sexual activities do not generate adverse secondary effects.”

In wrongfully enforcing the city’s zoning laws against the company, the city seeks to “[a]bridge and restrain the plaintiffs’ rights to free expression” as guaranteed by the1st and 14th Amendments to the U.S. Constitution” as well as Article I, Section 4, of the Florida Constitution, Flava Works asserted in its complaint.

James Benjamin, an attorney for Flava Works, told XBIZ that the bottom line is that the zoning laws the company is accused of violating simply do not apply to the CocoDorm property.
“The essence of it is that a zoning law regulates a piece of land,” Benjamin said. “Zoning involves some set of rules a piece of property has to follow vis-à-vis its next door neighbors. How can they apply zoning to the Internet? Put simply, they can’t.”

Benjamin noted that another, similar adult webcam operation — VoyeurDorm.com — had been subjected to similar legal action by the city of Tampa, and the adult company came away the victor. Despite the nearly identical nature of that case, and the likelihood that this case will play out the same way, Benjamin said he could not get the city to see the likely futility of their actions.

“They didn’t care,” Benjamin said of the city’s reaction when he pointed to the outcome of the VoyeurDorm case. “The city was hell-bent on kicking them out of that house, whatever it took.”

Benjamin said that for the time being, the most the city can do is impose fines against the company for continuing to operate at the contested CocoDorm location.

“The only enforcement is to fine [Flava Works] on a by-day basis,” Benjamin said, noting that the city has already begun those per-day fines. “They can’t close them down without a court order to do so.”

Benjamin said that he’s confident that his clients will prevail, given the similarities to the VoyeurDorm case, and said he thinks it is possible that the city knows this as well but needs to “pay lip service” to local activists who are pushing the case.

“They so badly want these [zoning] laws to apply,” Benjamin said. “But they just don’t.”
Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More