MIAMI AIMS FOR LICENSE OF PUSSYCAT THEATRE by Ellen Hampton

MIAMI AIMS FOR LICENSE OF PUSSYCAT THEATRE
Miami Herald, The (FL) - May 26, 1982
Author: ELLEN HAMPTON Herald Staff Writer

Backed by a court order ruling a film shown at the Pussycat Theatre obscene, Miami city attorneys now are seeking to strip the Biscayne Boulevard movie house of its occupational license.

And four Miami bookstores and video outlets, now under temporary court injunctions, may soon face the same action.

The key to the city’s case is a new section of the Miami ordinance on occupational licenses. The section says a license may be revoked if its holder is found to have sold or shown obscene books or films.

The city had been awaiting the outcome of a similar case pending in the U.S. 11th Circuit Court of Appeals in Atlanta before going after the Pussycat Theatre’s license, said Frank Harder, assistant city attorney.

But after learning that the appeals case -- in which owners of a Northeast Dade bookstore claim their civil rights were violated -- is not scheduled to be heard until October, Harder said the city would not wait.

"We’ll probably move up requesting a revocation hearing, which will generate more federal litigation," Harder said.

Harder said he will ask Miami City Manager Howard Gary to hold a hearing on whether the theater ’s occupational license should be revoked for a year, the length of time allowed by city ordinance.

The city’s case is backed by a final injunction issued May 6 by County Judge Leonard Rivkind. The judge ruled obscene "Tape A" shown at the Pussycat Theatre, 7770 Biscayne Blvd., Harder said. The videotape was not identified more specifically.

The theater ’s attorney, Mark Krasnow, and owner, Leroy Griffith, could not be reached for comment.

The city also has won temporary injunctions against other outlets, including Danny’s Little River News, at 7839 NE Second Ave.; the United Theater , at 7829 NE Second Ave.; Bal Enterprises, 301 NE Second St., and Downtown Books, 7937 Biscayne Blvd.

Final hearings are upcoming to determine whether material sold or shown at the four businesses was obscene.

Obscenity violations were tied to occupational licenses in Miami ordinances about two years ago, when the city changed strategy in its battle to shut down pornography dealers.

Instead of going for criminal convictions, officials are taking the civil route to close the remaining outlets. Eight porn shops still operate in Miami; 15 have been shut down in the past five years, said Miami Officer Mike Berish.

If the appeals court upholds the U.S. District Court decision on the bookstore case, then the city stands on firm legal ground, Harder said.

But the appeals court decision could also put an end to the city’s campaign.

"If the 11th Circuit rules you can’t do it by licensing, that’s it, there’s no effective way of stopping them," Harder said. "You know how New York City is? They’re all over the place."