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STATE v. CAFE EROTICA, INC.

No. S98A1218.

507 S.E.2d 732 (1998)

270 Ga. 97

STATE of Georgia v. CAFE EROTICA, INC. et al.

Supreme Court of Georgia.

November 2, 1998.

Attorney(s) appearing for the Case

Hon. Thurbert E. Baker, Atty. Gen., William Wright Banks, Jr., John B. Ballard, Jr., Asst. Attys. Gen., Department of Law, Atlanta, for the State of Georgia.

Thomas E. Maddox, Jr., Tucker, for Cafe Erotica, Inc., et al.

THOMPSON, Justice.

The State of Georgia appeals from a ruling of the trial court striking down as violative of the right to free speech under the Federal and Georgia Constitutions, a 1996 amendment to the Outdoor Advertising Control Act of 1971, OCGA § 32-6-70 et seq. In essence, the challenged legislation, codified as OCGA § 32-6-75(b); Ga. L.1996, p. 831, § 3, prohibits any off-premises outdoor advertising of commercial establishments where nudity...

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