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DeWEESE v. TOWN OF PALM BEACH

No. 85-5342.

812 F.2d 1365 (1987)

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

United States Court of Appeals, Eleventh Circuit.

March 23, 1987.

Attorney(s) appearing for the Case

James K. Green, Green, Eisenberg & Cohen, West Palm Beach, Fla., M. David Gelfand, Tulane Law School, New Orleans, La., for plaintiff-appellant.

H. Adams Weaver, West Palm Beach, Fla., for defendants-appellees.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

ANDERSON, Circuit Judge:

An Ordinance of the Town of Palm Beach ("Town") prohibits its citizens from appearing downtown without a garment covering the upper portion of their bodies. Because this prohibition, as applied to appellant DeWeese, is not rationally related to any legitimate Town interest, we hold that the ordinance is unconstitutional.

I. BACKGROUND

Appellant Allen DeWeese is a male lawyer who lives in the Town of Palm Beach, Florida. He...

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