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FLANIGAN'S ENTERPRISES, INC. v. FULTON COUNTY, GA.

No. 08-17035.

596 F.3d 1265 (2010)

FLANIGAN'S ENTERPRISES, INC. OF GEORGIA, a Georgia corporation d.b.a. Mardi Gras, 6420 Roswell Rd., Inc., a Georgia corporation d.b.a. Flashers, et al., Plaintiffs-Appellees-Cross Appellants, v. FULTON COUNTY, GA., Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Eleventh Circuit.

February 16, 2010.

Attorney(s) appearing for the Case

Vincent D. Hyman, Kaye Woodard Burwell, Steven E. Rosenberg, William Shannon Sams, Atlanta, GA, for Plaintiffs-Appellees-Cross Appellants.

Cary Stephen Wiggins, Irma I. Espino, Cook, Youngelson & Wiggins, Atlanta, GA, James N. Cline, Toswell, GA, for Plaintiffs-Appellees-Cross Appellants.

Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

MARCUS, Circuit Judge:

Defendant Fulton County, Georgia, concerned about the secondary effects on its communities of the mixture of alcohol and live nude dancing, passed an ordinance in 2001 prohibiting the sale, possession, and consumption of alcohol in adult entertainment establishments. Plaintiffs Flanigan's Enterprises, Inc., owner and operator of the Mardi Gras strip club, and other owners and operators of strip clubs...

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