Lawsuit: Stripper, club say ordinance violates rights

Daytona Beach Shores ordinance requires permit, fingerprints

DAYTONA BEACH, Fla. – A lawsuit filed this week contends the constitutional rights of workers at a Daytona Beach strip club are being violated by an ordinance on human trafficking awareness.

"We're just trying to do our bit to help keep people safe," said Chief Stephan Dembinsky, public safety director.

The city of Daytona Beach Shores said its new ordinance created last December is to combat human trafficking.

"We don't know if there's a human trafficking in Daytona Beach Shores but we felt that a city ordinance that we passed would help us discover if in fact we had a problem," Dembinsky said.

The ordinance is for businesses that have alcohol and adult entertainment. The establishment would have to post public awareness signs pertaining to human trafficking and workers must obtain a permit and submit their fingerprints.

"Then we know who's working there and if they have any problems or if they're being trafficked, we hope they would talk to us about it," Dembinsky said.

However, Biggins Gentleman's Club is the only business in town that fits the criteria.

"The city has chosen to impose these requirements on a single business and that looks a little bit like harassment," said Greg Edinger, the attorney representing the business.

Edinger said the club, along with one of its dancers, is suing the city to drop the ordinance. Edinger said it violates civil rights, it's burdensome and it doesn't help combat human trafficking.

"Human trafficking is a real big problem in our society, but human trafficking in adult clubs is exceptionally rare," he said.

Daytona Beach Shores said it can't comment on the lawsuit but said it's not targeting the business.


"That's ludicrous," Dembinsky said. "We're not out to get anybody. What we're out to do is combat human trafficking. I would not want to violate anyone's constitutional rights."

Biggins, a nightclub, and Deborah Tricoli, an exotic-dance entertainer at the club, are seeking a declaratory judgment, damages and a permanent injunction, according to the suit.

The suit alleges that the ordinance "creates a prior restraint on free speech because it requires workers in adult entertainment establishments, including Biggins, to submit their fingerprints and obtain a license from the defendant before they can work or perform in such an establishment.


About the Author:

Loren Korn is a native Texan who joined the News 6 team as a reporter in May 2014. She was born and raised in Houston and graduated from the University of Texas at Austin with a degree in Journalism.