We are safe - for now
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rox262
Jan 23, 2008, 9:38:35 PM1/23/08
to Billyville
This just in on the redefined amendment from Pasco County.
As the following newspaper story (last two lines) shows
http://www.sptimes.com/2008/01/23/news_pf/Pasco/County_takes_aim_at_s.shtml
yesterday the Commission went out of its way, multiple, multiple
times to say that their proposed changes would not affect nudist
resorts in any way. From a legal standpoint, what's most significant
is that the commission and the county attorney reiterated that there
had been NO change from the 2001 legislative finding by the county
that nudist resorts "do not give rise to adverse secondary effects and
should be exempt" from the zoning law.
I want to thank the many people who showed up from our Pasco resorts
to help monitor what was happening, including Darren Norris from
Caliente, Ed Moran from Paradise Lakes, Mark Ashcroft and Ken Cushman
of Lake Como club, plus "Dave" (Gulf Coast), "Don," and several others
whose names escape me, but are appreciated. Ed proposed a slight
wording change to the commission which, while not adopted, "set the
ball rolling" and caused the commission to be very upfront about their
clear intent not to affect us. Darren had done a very thorough job of
talking to commissioners before hand as was evident from what occurred
also. And Van, I want you to know that emails to Commissioners like
Pat Mulieri did not go unnoticed. You might tell Dottie Doyle that
her call to the Commissioner was specifically referenced!
I submitted written material to bolster the record of positive
economic effects... including a FL Trend article citing Pasco Tourism
Council figures that show more than 12% of visitors come to the county
to enjoy clothes free resorts.
I would say that it was a VERY good day for us. The reiteration of
Pasco's legislative findings that nudist resorts do not create adverse
secondary effects is extremely important. It can help us in other FL
counties because, under case law from the U.S. Court of Appeals for
the 11th Circuit, when a community does research on adverse effects
(required as a prelude to passing adult entertainment laws) it must
consider studies more recent in time and closer in geography as more
probative than, say, a study of the blight caused by an adult
bookstore on the housing market in Enid, Oklahoma in the 1970's.
Since many of the so-called "Family Law" groups try to depend on such
outdated studies, the relatively new findings by Pasco, and their
reiteration of those findings yesterday, provides some helpful
ammunition to us.
Erich Schuttauf
As the following newspaper story (last two lines) shows
http://www.sptimes.com/2008/01/23/news_pf/Pasco/County_takes_aim_at_s.shtml
yesterday the Commission went out of its way, multiple, multiple
times to say that their proposed changes would not affect nudist
resorts in any way. From a legal standpoint, what's most significant
is that the commission and the county attorney reiterated that there
had been NO change from the 2001 legislative finding by the county
that nudist resorts "do not give rise to adverse secondary effects and
should be exempt" from the zoning law.
I want to thank the many people who showed up from our Pasco resorts
to help monitor what was happening, including Darren Norris from
Caliente, Ed Moran from Paradise Lakes, Mark Ashcroft and Ken Cushman
of Lake Como club, plus "Dave" (Gulf Coast), "Don," and several others
whose names escape me, but are appreciated. Ed proposed a slight
wording change to the commission which, while not adopted, "set the
ball rolling" and caused the commission to be very upfront about their
clear intent not to affect us. Darren had done a very thorough job of
talking to commissioners before hand as was evident from what occurred
also. And Van, I want you to know that emails to Commissioners like
Pat Mulieri did not go unnoticed. You might tell Dottie Doyle that
her call to the Commissioner was specifically referenced!
I submitted written material to bolster the record of positive
economic effects... including a FL Trend article citing Pasco Tourism
Council figures that show more than 12% of visitors come to the county
to enjoy clothes free resorts.
I would say that it was a VERY good day for us. The reiteration of
Pasco's legislative findings that nudist resorts do not create adverse
secondary effects is extremely important. It can help us in other FL
counties because, under case law from the U.S. Court of Appeals for
the 11th Circuit, when a community does research on adverse effects
(required as a prelude to passing adult entertainment laws) it must
consider studies more recent in time and closer in geography as more
probative than, say, a study of the blight caused by an adult
bookstore on the housing market in Enid, Oklahoma in the 1970's.
Since many of the so-called "Family Law" groups try to depend on such
outdated studies, the relatively new findings by Pasco, and their
reiteration of those findings yesterday, provides some helpful
ammunition to us.
Erich Schuttauf
Michael
Jan 28, 2008, 1:09:57 PM1/28/08
to Billyville
I respectfully cannot agree with this overview statement of Mr.
Shauttauf.
When refferring to the positive impact that people coming to this
County for clothing optional recreation has, he does not address, or
intentionally dismisses the matter of one Clothing optional "naturist"
Park in Pasco County going sexual.
All one of the non-naturist sex/ swinger clubs has to do is declare
themselves a Naturist/Clothing optional Facility to once again become
ligitimized, thereby exempt, in the Countys eyes, according to the
vision of AANR. At this point I would have to believe that a challenge
by one of the Swingers facilities would succeed, on the basis that an
exemption to Caliente would be discriminatory.
Where refferring to a matter that took place in Enid, Oklahoma, Mr.
Schauttauf refers to that case as being outdated because it reffered
to a "family oriented" situation from long ago v. adverse effects.
Did he overlook the conditions that a more recent study of adverse
effects right here in Pasco County ie: Caliente and AANR, might not
bode to well for us naturists. Erich has sure made the invitation for
someone to come in and do so.
MY commentary presumes that "adverse effects" means something a little
more than monetary increase/decrease.
.................................................................................
""under case law from the U.S. Court of Appeals for
the 11th Circuit, when a community does research on adverse effects
(required as a prelude to passing adult entertainment laws) it must
consider studies more recent in time and closer in geography as more
probative than, say, a study of the blight caused by an adult
bookstore on the housing market in Enid, Oklahoma in the 1970's.
Since many of the so-called "Family Law" groups try to depend on such
outdated studies, the relatively new findings by Pasco, and their
reiteration of those findings yesterday, provides some helpful
ammunition to us.
Erich Schuttauf ""
AANR [added]
the 11th Circuit, when a community does research on adverse effects
(required as a prelude to passing adult entertainment laws) it must
consider studies more recent in time and closer in geography as more
probative than, say, a study of the blight caused by an adult
bookstore on the housing market in Enid, Oklahoma in the 1970's.
Since many of the so-called "Family Law" groups try to depend on such
outdated studies, the relatively new findings by Pasco, and their
reiteration of those findings yesterday, provides some helpful
ammunition to us.
Erich Schuttauf ""
..............................................................................
I look for a legal challenge along the line to argue the distinction
that Caliente, or any clothing-optional, nudist facility can or should
be exempted ... as being discrininatory and creating a conflict in the
parties equal rights to Freedom of Speech..
We shall see ... in time.
Michael T.
www.Fairwindlakes.com
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