UNIVERSITY BOOKS v. METROPOLITAN DADE COUNTY

Nos. 96-0952-CIV, 96-0962-CIV, 96-0995-CIV, 96-0996-CIV, 96-1139-CIV, 96-1141-CIV, 96-1143-CIV, 96-1339-CIV, 96-1140-CIV, 96-1338-CIV and 96-1337-CIV.

930 F.Supp. 1534 (1996)

UNIVERSITY BOOKS AND VIDEOS, INC., d/b/a University Books, Plaintiff, v. METROPOLITAN DADE COUNTY, Defendant. DBJ ENTERPRISES, INC., d/b/a The Hot Stop, Plaintiff, v. METROPOLITAN DADE COUNTY, Defendant. 11711 BOOK AND VIDEO CORP. and 2316 Corp., Plaintiffs, v. METROPOLITAN DADE COUNTY, et al., Defendants. MIAMI FACTOR, INC., Plaintiff, v. METROPOLITAN DADE COUNTY, et al., Defendants. PRIME TIME BOOK AND VIDEO, INC. and John Doe, Plaintiffs, v. METROPOLITAN DADE COUNTY, et al., Defendants. PERRINE ADULT BOOK AND VIDEO, INC. and John Doe, Plaintiffs, v. METROPOLITAN DADE COUNTY, et al., Defendants. 14907 SN CORP. and John Doe, Plaintiffs, v. METROPOLITAN DADE COUNTY, et al., Defendants. BIRD ROAD BOOK AND VIDEO, Plaintiff, v. METROPOLITAN DADE COUNTY, et al., Defendants. HOME OF THE BRAVE LAND OF THE FREE and John Doe, Plaintiffs, v. METROPOLITAN DADE COUNTY, et al., Defendants. 7351 XZ, INC., a Florida corporation and John Doe, Plaintiffs, v. METROPOLITAN DADE COUNTY, et al., Defendants. MR. OLIVER, INC., a Florida corporation, d/b/a Happy Books, and John Doe, Plaintiffs, v. METROPOLITAN DADE COUNTY, et al., Defendants.

United States District Court, S.D. Florida.

July 3, 1996.


Attorney(s) appearing for the Case

Peter Fucci, John McInnis, Assistant County Attorney, Miami, FL, for Defendants.

Nathaniel L. Barone, Jr., Coral Gables, FL, Clyde DeWitt, Beverly Hills, CA, Barry L. Halpern, Coral Gables, FL, Daniel Aaronson, Ft. Lauderdale, FL, David Wasserman, Winter Park, FL, Yale T. Freeman, Naples, FL, Luke Charles Lirot, Tampa, FL, for Plaintiffs.


ORDER DENYING PLAINTIFFS' MOTION TO REMAND

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court upon the Motions to Remand filed by Plaintiffs in these consolidated cases. Defendants filed an omnibus response on June 24, 1996. Oral argument was held on June 27, 1996.

I. Factual and Procedural Background

Plaintiffs, various "adult" bookstores and their individual patrons, challenge the constitutionality of...

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