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SILVER ROSE ENTERTAIN. v. CLAY COUNTY

No. 93-4154.

646 So.2d 246 (1994)

SILVER ROSE ENTERTAINMENT, INC., a Florida corporation; Sunshine Food Mart, a Florida proprietorship; Dale's Package Store and Lounge Inc., a Florida corporation; Kelly Nail, Inc., a Florida corporation; Ward Castenada, Inc., a Florida corporation; Harry's of Orange Park, Inc., a Florida corporation; Varsity Club, Inc., a Florida corporation; Flynn Restaurants, Ltd., an Iowa corporation; 57 Heaven, a corporation; and Pinter Enterprises, Inc., a Florida corporation, Appellants, v. CLAY COUNTY, a political subdivision of the State of Florida, and Scott Lancaster, as sheriff of Clay County, Appellees.

District Court of Appeal of Florida, First District.

November 22, 1994.

Attorney(s) appearing for the Case

Stephen C. Bullock and William K. Thames, II, of Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, for appellants.

Mark H. Scruby, County Atty., Green Cove Springs, for appellee Clay County.

BENTON, Judge.

We are asked to declare unconstitutional on its face a county ordinance outlawing the sale of alcohol on "Christmas day and Christmas night." Appellants contend that the ordinance violates constitutional prohibitions against the establishment of religion.1 We conclude that Christmas, notwithstanding its deep religious significance for many, also has secular traditions which local government is free to acknowledge, without...

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