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National

Federal judge says Miami can't stop gay porn Web site

Michael Vasquez - Miami Herald

February 03, 2009 07:20 AM

The boys of Cocodorm -- Snow Bunni, J Fizzo, et al -- are staying put, after a federal judge ruled that the gay porn Web site has a right to broadcast out of its home in a residential Miami neighborhood.

Cocodorm.com features black and Hispanic men, known as ''dorm dudes,'' who share a Web cam-filled house together.

Miami has tried to shut the house down, arguing it constitutes an adult business illegally operating in a residential area. The city's Code Enforcement Board in 2007 agreed, but Cocodorm responded to the code enforcement proceedings by suing in federal court.

From the outside, the Cocodorm house looks like any other residence. Those who want to see Cocodorm do so via the Internet, with a credit card. Last week, U.S. District Judge Marcia Cooke sided with Cocodorm, basing her ruling on a previous case involving the city of Tampa and another adult website, Voyeurdorm.com.

Like Miami, Tampa tried to use its adult-business zoning laws to close the ''dorm'' in question, in this case occupied by women.

But an appeals court, ruling in the Web site's favor, found that Voyeurdorm's customers weren't gathering at the Tampa home — or anywhere else in Tampa.

''As a practical matter, zoning restrictions are indelibly anchored in particular geographic locations,'' the appeals court wrote. With Voyeurdorm, the court added, "the public offering occurs over the Internet in 'virtual space.' ''

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