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HORTON v. CITY OF ST. AUGUSTINE, FLA.

No. 00-16220.

272 F.3d 1318 (2001)

Larry HORTON, Plaintiff-Appellee, v. CITY OF ST. AUGUSTINE, FLORIDA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 15, 2001.

Attorney(s) appearing for the Case

Michael H. Kahn, Michael Kahn, P.A., Melbourne, FL, for Defendant-Appellant.

David A. Wasserman, Law Office of David A. Wasserman, Winter Park, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, and HULL and FAY, Circuit Judges.

HULL, Circuit Judge:

Defendant City of St. Augustine ("City") appeals the district court's preliminary injunction against the enforcement of Ordinance 2000-03, which restricted street performances in a four-block area of the City's historic district. Because the district court erred, we reverse, and vacate its injunction.

I. BACKGROUND

This appeal involves the regulation of street performances in a four-block area of

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