Internet Cafes
Southside Internet Cafe, LLC v. Allied Veterans of the World, Inc.: Affiliate 79 and Leon County, Florida, Second Judicial Circuit for Leon County Case No. 2011-CA-001864
Plaintiffs filed their complaint on July 14, 2011 seeking injunctive and declaratory judgment relief, specifically an Order from the Court enjoining Defendant Allied from opening and/or operating an internet cafe at a certain location. On August 15, 2011, Plaintiffs amended their Complaint to add Leon County as a party Defendant again seeking injunctive and declaratory judgment relief, specifically enjoining the County from issuing a permit to Defendant Allied to open/operate the internet cafe at its location of choice. Defendant Allied filed its Motion to Dismiss on August 31, 2011 and Defendant Leon County filed its Motion to Dismiss on September 7, 2011. Both Defendants have requested a hearing; however, no hearing has been scheduled and no ruling on the motions has been entered. Additionally, discovery is. Defendant Leon County has not issued a permit to Defendant Allied to open/operate the internet cafe located at its location of choice.
Top Internet Cafe, LLC v. Cyber One Cafe, LLC and Leon County, Florida, Second Judicial Circuit for Leon County Case No. 2011-CA-002257
Plaintiffs filed their Complaint against Defendant Cyber seeking injunctive and declaratory judgment relief, specifically an Order from the Court enjoining Defendant Cyber from operating an internet cafe at its location of choice. Plaintiffs also seek injunctive and declaratory judgment relief against Defendant Leon County, specifically enjoining it from issuing a permit to Defendant Cyber to operate the internet cafe at the location referenced above. Defendant Leon County filed its Motion to Dismiss on August 31, 2011 on the grounds that Defendant Cyber did not apply for a permit to operate said internet cafe. The motion has not been scheduled for a hearing nor has it been ruled on by the court.
Allied Veterans of the World, Inc. v. Seminole County, Case No. 6:11-cv-155-Orl-28DAB (M.D. Fla.)
In early 2011, the county enacted an ordinance, prohibiting simulated gambling devices in the county. The internet café owners asserted that the video games at issue were protected by the Free Speech Clause of the First Amendment and that the county’s ordinance unconstitutionally violated their First Amendment rights. On a motion for a temporary restraining order enjoining the enforcement of the ordinance, the court concluded that the ordinance at issue regulates conduct, not speech and denied the TRO. The case is on appeal to the 11th Circuit Court of Appeals. An oral argument is scheduled for March 7, 2012 in Jacksonville.
JWS Samuel, LLC v. Hillsborough County, Case No. 8:11-CV-2803-T-33MAP (M.D. Fla.)
Several internet cafe owners filed suit (12/20/11) against Hillsborough County, arguing that the county's ordinance prohibited simulated gambling devices. The owners challenge that the ordinance violates free speech; violates due process because it is void for vagueness, imposes strict liability (no mens rea requirement for a violation), and is irrational; violates the dormant commerce clause; violates the equal protection clause; violates immunity provisions under the Communications Decency Act; and is preempted by state law.