CoCoDorm must Go... just not today

In the ever evolving story of CoCoDorm. In a hearing lasting more than 25 hours over three days, the Miami's Code Enforcement Board said it's not about the sex, it's about the residential neighborhood and have ordered the business shut down.

The board voted 5 to 2 finding that the business is violating Miami city code in two ways: Operating an adult business in a residential area, and operating a business in a residential area.


Porn house illegal, Miami rules
BY LAURA MORALES as printed in the Miami Herald
llmorales@MiamiHerald.com

The residents of Northeast 27th Street in Edgewater may not have neighbors like Pretty Ricky, Jerzey Flyrt and Nick Da Kannon for much longer.

After 10 hours of listening to evidence and arguments, Miami's Code Enforcement Board ruled late Monday that Phillip Bleicher's Flava Works, an Internet porn production and distribution company, is illegally running an adult entertainment business out of a single-family home at 503 NE 27th St. -- zoned for residential use -- and ordered that those operations cease.

''I think the city has met its burden of showing a link between the house on 27th Street and the website,'' board member Oscar Rodriguez Fonts said before moving to deny a motion, made by Flava Works attorney James Benjamin, to dismiss citations posted by city code inspectors in May.

The website is CocoDorm.com, where visitors can, for a fee, watch live video streams from the Edgewater house, where chiseled young males are paid $1,200, plus room, board and meals, to live in the two-story home for a month and have sex with each other on schedule.

Monday's hearing was the third in the sex-house case. Assistant City Attorney Victoria Mendez argued that Bleicher also was running an illegal rooming house, but that violation was dismissed. Benjamin argued that the house, leased by Flava Works from owner Angel Barrios, was not part of the adult entertainment operation. He cited a Tampa case where the 11th Circuit
Court of Appeals ruled that VoyeurDorm.com, a female version of CocoDorm, was not guilty of similar violations.

He also argued that business transactions don't happen at the house and that all sales and distribution take place at Flava Works' office at 2610 N. Miami Ave. ''No member of the public came to the location to view, buy, trade or obtain any adult entertainment,'' Benjamin said.

But Mariano Loret de Mola, the city's director of code enforcement, testified that, on one occasion, he saw a man he recognized as ''Dorm Dude'' Breion, who is prominently featured on the website's main page, walk up to the Edgewater house and punch in a code to let himself in.

That, and the differences between Miami's and Tampa's laws, scuttled Benjamin's argument. ''Miami's adult entertainment ordinance encompasses Internet activity in a way the Tampa ordinance did not,'' Rodriguez Fonts said.

Benjamin said he intends to file an appeal within the next few days. ''But we're not sure where we're going to file the appeal yet,'' he said. ``We're not going to put our tail between our legs and go away. The activity is protected by the First Amendment.'' Mendez said the decision would not be enforced immediately.

''The city has no problem with giving them two weeks to get their business affairs in order,'' she said.


So what does this mean for Flavaworks will they have to move again? Does the First Amendment protect Flavaworks and CocoDorm? If VoyeurDorm.com, a female version of CocoDorm operated in the nearby city of Tampa, was not guilty of similar violations, will Flavaworks get the same ruling in Miami? Only time will tell... and you know we will be watching.

8 comments:

Flava said...

With the Code Enforcement Board's ruling, starting today, the city will fine us up to $500 per day for each day we remain open. We are filing an emergency motion in federal court to block the city's ruling citing VOYEUR DORM v CITY OF TAMPA and sue the City of Miami.

Miami is wasting tax dollars to prosecute the legal CocoDorm residence, while drug dealers and prostitutes reign free on the streets of this neighborhood, which is known for it's infamous 'hoe stroll', but we suppose NBC and the city don't care about real problems.

Customers do not visit the CocoDorm location and neighbors didn't know about CocoDorm (until NBC knocked on their door after they received an anonymous packet mailed by a competitor). What happens inside of CocoDorm is no different than what happens behind the closed door of any other house; people live, interact and have sex. This is our and your First Amendment right, and we will fight for these rights.

By the way, no one from the neighborhood was present at any of the three hearings. In fact we have a petition of neighbors in support of CocoDorm!

We will not close the CocoDorm!

celeste said...

Damn this still going on?!!

Kensilo said...

Will this war ever end??? Why won't they just move. Save time, expense, and legal proceedings.

CharlottePapa said...

i dont think hte should just up and move. if they feel they have a legal standing and right to do what they are doing they should fight for it. that is what this country is built on fighting for our rights and freedoms.

with that said i wouldnt want this operation in my neighborhood around my 2 kids... but if that is their legal right to do so go for it.

WhozHe said...

So what happens now to the hyper sexual young men who made a living by performing sex acts for Cocodorm's owners and their customers?

Cocoa Rican said...

Wow...I hope all these hearings and motions don't hinder the scheduled romps! LOL

Rodney said...

They shouldn't have to move. It was very evident from the very first news report that they are not conducting business at the house. It is still a residence.

Tim said...

It may still be a residence but they were doing all of the filming and activities AT THE HOUSE, which kinda trumps that argument, in a sense.

Personally, I think they should be shut down.