Flava Works, Inc. v. City of Miami, Florida

609 F.3d 1233 (2010)

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Flava Works, Inc. v. City of Miami, Florida

United States Court of Appeals for the Eleventh Circuit
609 F.3d 1233 (2010)

  • Written by Tanya Munson, JD

Facts

Flava Works, Inc. (Flava Works) (plaintiff) operated an internet-based, adult entertainment website, CocoDorm.com (CocoDorm). Flava Works leased a house (the house) zoned multifamily high-density in the city of Miami (the city) (defendant). Independent contractors of Flava Works resided in the house and were provided with free room and board and $1,200 per month and in exchange were expected to engage in sexual relations captured on webcams throughout the house. The footage captured by the webcams was streamed online on CocoDorm, where subscribers would pay Flava Works for access to live or recorded video feeds, including sexually explicit content, from the webcams. In June 2007, the city posted a notice of violation of the house leased by Flava Works, with the information that Flava Works was engaged in illegal business and in adult entertainment not permitted in the residential zone. The city Code Enforcement Board (the board) found Flava Works guilty of violating the zoning ordinances that prohibited adult entertainment in the zoning district and made it illegal to operate a business in a residential zone. Flava Works appealed the board’s decision in district court. The district court granted summary judgment for Flava Works, finding that the city zoning ordinance regarding adult entertainment did not apply to the activities taking place at the house and that Flava Works was not operating a business and thus not in violation of zoning ordinances. The city appealed, arguing that the activities taking place at the house amounted to the operation of a business and therefore Flava Works was illegally operating a business in a residential zone.

Rule of Law

Issue

Holding and Reasoning (Fay, J.)

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