http://story.news.yahoo.com/news?tmpl=story&cid=73&u=/zd/20020226/tc_zd/5103755
Voyeurdorm sees major court win
Tue Feb 26, 2:43 PM ET
By Lisa M. Bowman, ZDNet News
The U.S. Supreme Court (news - web sites) said Monday it
will not hear a case involving an
attempt to shut down an adult Web site by the city of Tampa,
Fla.
The city had tried to shut down
exhibitionist site Voyeurdorm.com, which
provides 24-hour live Webcasts of a
residence full of women while they
"study, work out, bathe and live the
lives of college co-eds." The city said
the Tampa residence violated city zoning
ordinances regulating the location
of sexually oriented businesses.
It's the second time a court has refused
to consider the issue, paving the
way for the Voyeurdorm to remain open
for business. In November, the
11th U.S. Circuit Court of Appeals (news
- web sites) refused to grant a
full-court hearing of the case.
The city had asked for the full court
review after a three-judge panel of the
court ruled that city ordinances do not
apply to the Web site, which
operates primarily in cyberspace.
Entertainment Network (ENI), which runs
Voyeurdorm and other
exhibitionist sites, praised the Supreme
Court's move.
"This is a victory for anyone operating
a legitimate Internet site, whether or
not it has adult content," ENI Chief
Executive David Marshlack said in a
statement. "It is obvious that the Internet should not be
regulated under zoning laws written long
before the Web was even dreamed of."
ENI was also in federal court last year during an
unsuccessful attempt to get permission to Webcast
the execution of Oklahoma City bomber Timothy McVeigh (news
- web sites).
Tampa officials said a lower court may still issue a ruling
on other parts of the case.
"The Court's determination not to hear this case does not
mean the case is over," said Assistant City
Attorney Jerry Gewirtz. Gewirtz said the city will abide by
any court rulings.
