Voyeur Dorm v. Tampa

Citation: Voyeur Dorm, L.C. v. City of Tampa, 265 F.3d 1232 (11th Cir. 2001), ''cert.

denied,'' 534 U.S. 1161 (2002).

Factual Background
A lot of people were willing to pay Voyeur Dorm, L.C., $39.95 a month to subscribe

to "voyurdorm.com" &mdash; a website that provides 24-hour a day coverage of the activities of the women who live in a house in Tampa, Florida. Voyeur Dorm grossed more than $3 million in less than two years.

As might be expected, the City of Tampa had a problem with this. A Tampa City Code provision prohibits "adult entertainment establishments" in residential neighborhoods. As far as the City was concerned, the house in which Voyeur Dorm's women resided was just such an establishment, because some of their daily activities were performed sans clothing. A federal District Court agreed, and dismissed Voyeur Dorm's declaratory relief lawsuit in response to the City's motion for summary judgment.

Appellate Court Decision
On appeal the Court of Appeals held that Voyeur Dorm does not fit the Tampa City Code's definition of an "adult entertainment establishment," because the public cannot be entertained at the house in Tampa. The only way the public may view the entertainment provided by Voyeur Dorm is on the web. And the appellate court held that the Code does not apply to a residence that does not offer entertainment to the public on its premises.