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CARCHIO v. CITY OF FORT LAUDERDALE

No. 98-1152.

755 So.2d 668 (1999)

Agostino CARCHIO d/b/a Gumwrappers; Wildthing, Inc., a Florida corporation; and Jane Doe, Appellants, v. CITY OF FORT LAUDERDALE, a municipal corporation; Michael D. Brasfield, Chief of Police; Jim Naugle, Mayor; and Dennis Lyles, City Attorney, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 27, 1999.

Attorney(s) appearing for the Case

Richard L. Rosenbaum of the Law Offices of Richard L. Rosenbaum, Fort Lauderdale, and Michael J. Entin, Fort Lauderdale, for appellant.

Dennis E. Lyles, City Attorney, Fort Lauderdale, and Jason T. Forman, Assistant City Attorney, Fort Lauderdale, for appellee.

FARMER, J.

Plaintiffs sued defendants for a declaratory judgment that a 1996 ordinance banning "partial" nudity in places where alcoholic beverages are served is unconstitutional and for an injunction barring enforcement of the ordinance. The 1996 ordinance defined prohibited nudity as follows:

"Partial nudity means the showing of the human male or female buttocks or any portion thereof with less than a full opaque covering; the showing of the female...

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