MIAMI HEALTH STUDIOS, INC. v. CITY OF MIAMI BEACH

No. 73-1485.

491 F.2d 98 (1974)

MIAMI HEALTH STUDIOS, INC., et al., Plaintiffs-Appellees, v. The CITY OF MIAMI BEACH etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 8, 1974.


Attorney(s) appearing for the Case

Leonard Rivkind, Miami Beach, Fla., for defendants-appellants.

Paul F. Gerson, Miami Beach, Fla., for plaintiffs-appellees.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.


PER CURIAM:

This suit was filed on December 5, 1972, by Miami Health Studios, Inc. and others against the City of Miami Beach, its Chief of Police and the State Attorney for Dade County, Florida, and as amended sought a declaratory judgment to have the district court hold unconstitutional Florida Statute 796.07 prohibiting prostitution, etc., including subsection (1) (b) thereof pertaining to the definition: "The term `lewdness' shall be construed to include any indecent...

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