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KRUEGER v. CITY OF PENSACOLA

No. 84-3065.

759 F.2d 851 (1985)

Roger KRUEGER; Roger Krueger, d/b/a The Ponderosa Rawhide Lounge; June A. Parker; Virgie Poston; Billy Prescott and James L. Cash, as sole shareholders of EX-ATC, Inc., a Fla. corporation, d/b/a Hideout Lounge, Plaintiffs-Appellants, Sam J. Cantavespre, etc., et al., Plaintiffs, v. CITY OF PENSACOLA, a municipal corporation of the State of Florida, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 6, 1985.

Attorney(s) appearing for the Case

William Eddins, Pensacola, Fla., for plaintiffs-appellants.

Don Caton, John W. Fleming, Asst. City Atty., William D. Wells, Pensacola, Fla., for defendants-appellees.

Before FAY and VANCE, Circuit Judges, and MACMAHON, District Judge.

VANCE, Circuit Judge:

In this case, owners of topless bars in the city of Pensacola, Florida bring a first amendment challenge to an ordinance which bans topless dancing in establishments where alcohol is served. Because Florida has not delegated to its local municipalities any of its twenty-first amendment powers to regulate activities connected with the sale of intoxicating liquors, the city must justify such a restriction of communication under its general police...

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