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THIS THAT AND OTHER GIFT & TOBACCO v. COBB COUNTY

No. 01-13482.

285 F.3d 1319 (2002)

THIS THAT AND THE OTHER GIFT AND TOBACCO, INC., d.b.a. This That & The Other, Christopher Prewett, Plaintiffs-Appellants, v. COBB COUNTY, GEORGIA, Paul Foster, in his official capacity as Business License Division Manager for Cobb County, Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 18, 2002.

Attorney(s) appearing for the Case

Mark J. Lopez, American Civil Liberties Union, New York City, Owen Jackson Cook, The Cook Law Office, P.C., Steven M. Youngelson, Cary Stephen Wiggins, Steven M. Youngelson, P.C., Atlanta, GA, for Plaintiffs-Appellants.

Debra Halpern Bernes, Cobb County Dist. Attorney's Office, James W. Friedewald, Edwards, Friedewald & Grayson, Marietta, GA, for Defendants-Appellees.

Before BIRCH, CARNES and COX, Circuit Judges.

COX, Circuit Judge:

This case requires us to consider issues of federal statutory and constitutional law in the context of a state's effort to prohibit the advertising and distribution of sexual devices. The district court concluded that the plaintiffs did not demonstrate a substantial likelihood of success on the merits of their claims, and for that reason declined to enjoin preliminarily the enforcement of a Georgia statute banning such

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