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DeWEESE v. TOWN OF PALM BEACH

No. 81-8072-Civ.

616 F.Supp. 971 (1985)

Allen J. DeWEESE, Plaintiff, v. TOWN OF PALM BEACH, a Florida Municipal Corporation; Joseph Terlizzese, Chief of Police for Town of Palm Beach, Florida; George Mathews, Charles Warwick, Thomas Mettler, Walter Rathbun, Robert Grace, Caldwell Robinson, Paul Ilyinsky, individually and in their capacities as present or former members of the Town Council of the Town of Palm Beach, Florida, Defendants.

United States District Court, S.D. Florida, Fort Lauderdale Division.

March 30, 1985.

Attorney(s) appearing for the Case

James K. Green, Green, Eisenberg & Cohen, West Palm Beach, Fla., for plaintiff.

H. Adams Weaver, Johnston, Sasser, Randolph & Weaver, West Palm Beach, Fla., for defendants.

ORDER

ROETTGER, District Judge.

This case could appropriately be titled — with apologies to Neil Simon — Bareback in the Park. Essentially, it involves an assault by Plaintiff, a lawyer, upon the Town of Palm Beach's ordinance which proscribes running or jogging without a shirt, or top, except on the beach or private property. Plaintiff assails this as violating his first amendment rights, as well as on other bases.

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