JACKSONVILLE, Fla. – Owners of exotic clubs in Jacksonville are in a legal battle with the city claiming their constitutional rights are being violated if 18 to 20 years old are banned from dancing at their businesses.
The city of Jacksonville requires work identification cards for the entertainers, and they must be at least 21 years old.
The legal fight has been going through the courts for years. But now, the business owners and some performers are trying to get the 18- to 20-year-old age ban dropped.
Eight local exotic clubs or businesses and four people are all plaintiffs against the city, claiming the ban violates their constitutional rights.
Under the ordinance 21022-172-E, exotic dancers must:
- Have a Performer Work Identification Card
- Be at least 21 years old
- Update their work location
The attorneys for the plaintiffs claim that the city of Jacksonville is violating their First and 14th Amendment rights.
The argument has brought the two sides to the 11th Circuit United States Court of Appeals, and it’s being heard by a panel of three judges.
On Thursday, the plaintiffs’ attorney argued that 18- to 20-year-old dancers should not be banned because:
- It decreases the employee pool
- Approximately 100 dancers have lost their jobs
- A celebrity dancer in that age group could miss out on income and it impacts the business
The city’s attorney said dancers between the ages of 18 and 20 were more vulnerable to human trafficking.
In the plaintiffs’ complaint, they claim damages with five counts:
- License provision: unconstitutional
- Prohibiting performers under 21: unconstitutional
- Performers disclosing names for where they work: burdensome
- Portions of the ordinance: unconstitutionally vague
- Ordinance violation: occupational liberty
Local attorney John Holzbaur, who’s not affiliated with the case, said it looks like there are some things that need to be looked at.
“The courts have already set this issue back once and kind of knocked down the, what they call the overreach by the government here in a protected First Amendment, that’s what exotic dancing is, it’s protected speech, it’s called expressive conduct though it’s on the outer end of the First Amendment nevertheless, it is constitutionally protected,” Holzbaur said.
City officials see this case differently. Human trafficking is a global issue but is also an issue in Florida.
The city said the club owners can find more workers who are 21 and older, as it is trying to fight against human trafficking for the age group that is most vulnerable.
The court will have to decide if any or all of these factors matter in comparison to constitutional rights.
Now that the three judges have heard the arguments from both sides, they will decide at an undisclosed date if the ordinance is unconstitutional or not.
