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CAFE 207, INC. v. ST. JOHNS COUNTY

No. 92-2524.

989 F.2d 1136 (1993)

CAFE 207, INC., a Florida corporation, Plaintiff-Appellant, v. ST. JOHNS COUNTY, a political subdivision of the State of Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 30, 1993.

Attorney(s) appearing for the Case

Hankin & Beverly, P.A., Gary S. Edinger, Gainesville, FL, for plaintiff-appellant.

Ulmer, Murchison, Ashby & Taylor, Jacksonville, FL, James G. Sisco, Office of the County Atty. for St. Johnson County, Linda R. Hurst, St. Augustine, FL, for defendant-appellee.

Luke Charles Lirot, Clearwater, FL, Peggy M. Hodges, American Family Ass'n Law Center, Tupelo, MS, Mark R. Brown, American Civil Liberties Union Foundation of FL, Professor of Law, Stetson University, College of Law, St. Petersburg, FL, for amici.

Before COX, Circuit Judge, and MORGAN and HENDERSON, Senior Circuit Judges.

PER CURIAM:

This is an appeal from the district court's denial of a petition for a preliminary injunction to bar enforcement of an antinudity ordinance. We affirm.

The appellant, Cafe 207, Inc., operates a restaurant called Cafe Erotica in St. Johns County, Florida (the "County"). Initially, nude female dancers performed at Cafe Erotica. Soon after Cafe Erotica opened, however, the St. Johns County Commission enacted an ordinance that generally prohibits public...

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