County could face First Amendment lawsuit

GREEN COVE SPRINGS, Fla. -

A warning Tuesday night to Clay County leaders from their attorney. End the ban on adult establishments or face a pricey lawsuit.

The Clay County Planning and Zoning Department held a meeting to discuss ways that would allow sex shops to open while keeping residents happy.

The county placed a ban on all forms of adult businesses in 1985. County attorney Mark Scruby told a heated crowd that if that ban remained in place, the county could face a First Amendment lawsuit from someone trying to open such a business because it would violated their constitutional right to free speech.

Many people at the meeting did not agree.

"I'm a mom and I don't think that type of industry brings positive growth," said Joie McGee, a resident who founded the Concerned Citizens Against Adult Entertainment. "The county has stated this will increase crime rate and decrease property taxes. So, we're just very concerned as to why they think it's necessary to make these initiatives.

The initiatives are a three-pronged approach county officials would have to propose to regulating adult businesses in Clay County.

Scruby said the first would be a regulatory ordinance which would regulate how a sex-themed business would operate. The second is a public nudity ordinance which would restrict public nudity. The third is a locational ordinance that would regulate where adult entertainment establishments would be allowed to locate.

One county planner worked along with Scruby and recommended 28 sites that are just south of Fleming Island on U.S. Highway 17, to be designated for these shops.

Clay County Commissioner Ronnie Robinson disagrees with ending the ban.

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County could face First Amendment lawsuit