DAYTONA GRAND, INC. v. CITY OF DAYTONA BEACH, FLA.

No. 06-12022.

490 F.3d 860 (2007)

DAYTONA GRAND, INC., a Florida corporation doing business as Lollipop's Gentlemen's Club, Miles Weiss, Plaintiffs-Appellants Cross-Appellees, v. CITY OF DAYTONA BEACH, FLORIDA, a municipal corporation, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 28, 2007.


Attorney(s) appearing for the Case

Daniel R. Aaronson, Banjamin & Aaronson, P.A., Ft. Lauderdale, FL, Gary S. Edinger, Gary S. Edinger, P.A., Gainesville, FL, for Plaintiffs-Appellants Cross-Appellees.

Scott D. Bergthold, Law Office of Scott D. Bergthold, P.L.L.C., Chattanooga, TN, Marie Hartman, Daytona Beach, FL, for Defendant-Appellee Cross-Appellant.

Anthony Angelo Garganese, Brown, Salzman, Weiss & Garganese, P.A., Orlando, FL, for Florida League of Cities, Inc., Amicus Curiae.

James Michael Johnson, Alliance Defense Fund of Louisiana, Shreveport, LA, for Citizens for Community Values, Amicus Curiae.

Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.


MARCUS, Circuit Judge:

At issue today is the constitutionality of several zoning and public nudity ordinances adopted by the City of Daytona Beach ("the City") to regulate adult theaters. The owners and operators of Lollipop's Gentlemen's Club ("Lollipop's"), an adult theater in Daytona Beach, sued the City claiming that these ordinances violate the First Amendment. The district court upheld the zoning ordinances, finding that the City had provided a constitutionally...

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