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SCIARRINO v. CITY OF KEY WEST, FLA.

No. 95-4070.

83 F.3d 364 (1996)

James P. SCIARRINO, an individual, d/b/a Clancy's Gourmet Pizza, Plaintiff-Appellant, Wade Ferrel, an individual, Plaintiff, v. CITY OF KEY WEST, FLORIDA, a Florida Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 16, 1996.

Attorney(s) appearing for the Case

Michael R. Barnes, Key West, FL, Richard L. Wilson, Orlando, FL, for appellant.

Michael T. Burke, Johnson, Anselmo, Murdoch, Burke & George, P.A., Ft. Lauderdale, FL, for appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and FOREMAN, Senior District Judge.

EDMONDSON, Circuit Judge:

This case involves the regulation of commercial speech. In Key West's historic district, businesses used to seek customers by employing "barkers" to distribute handbills to pedestrians and to engage in face-to-face advertising. The city labelled the barking activities of these businesses "off-premises canvassing" ("OPC") and banned such conduct in specified areas: on public beaches, on Mallory Dock, and in public parking lots. See...

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