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DIMMITT v. CITY OF CLEARWATER

No. 92-2060.

985 F.2d 1565 (1993)

Lawrence DIMMITT, III, Dimmitt Chevrolet, Plaintiffs-Counter-defendants-Appellees, v. CITY OF CLEARWATER, John D. Richter, individually and as Development Code Administrator, Defendants-Counterclaim Plaintiffs-Appellants, Rita Garvy, Mayor, Ron H. Rabun, City Manager, Defendants-Counterclaim Plaintiffs.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied May 4, 1993.

Attorney(s) appearing for the Case

M.A. Galbraith, Jr, City Atty., Clearwater, FL, for appellants.

Joshua Magidson, Susan W. Fox, MacFarlane, Ferguson, Allison & Kelly, Tampa, FL, for appellees.

Before HATCHETT, EDMONDSON and BIRCH, Circuit Judges.

BIRCH, Circuit Judge:

In this case, we must decide whether an ordinance adopted by the City of Clearwater, Florida ("the City") regulating the display of signs, flags, and other means of graphic communication violates the constitutional guarantee of free speech. Lawrence Dimmitt, III and Dimmitt Chevrolet, Inc. (collectively "Dimmitt") challenge the constitutionality of the Clearwater ordinance on face and as applied to prohibit the display of 23 American flags at...

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