Club Madonna v. City of Miami Beach
After the City of Miami Beach discovered a 13-year old had been trafficked and forced to dance nude at an adult club in the city, Club Madonna, the city took emergency administrative action and suspended the club's business license. The fully nude strip club subsequently filed a Section 1983 claim against the city claiming constitutional violations. As a result, the business license was reinstated under a negotiated compromise but the litigation continued. Part of the litigation arose from legislative actions of the city which closed the club on an emergency basis, claiming such action violated the Club's First Amendment rights. The city, in response, moved to dismiss the case and asserted that the Club lacked standing and many of the claims were not ripe. The district court granted the city's motion for summary judgment and the Club appealed.
On appeal, the Eleventh Circuit held that the due-process part of the claims failed to state a claim and that there was additionally a partial lack of standing and a lack of ripeness on some claims. However, the court also held that some claims were ripe for review, particularly those claims that were based upon an assertion that the local ordinance was preempted by state and federal law. The court also held that the question of whether the ordinance authorized the city to engage in warrantless searches in violation of the Fourth Amendment was also ripe for review. The court also held that the Club did not have standing to bring an allegation that the ordinance was unconstitutionally vague.