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BANKSHOT BILLIARDS, INC. v. CITY OF OCALA

Nos. 10-11474, 10-11616.

634 F.3d 1340 (2011)

BANKSHOT BILLIARDS, INC., d.b.a. Bankshot Billiards, Plaintiff-Appellant, v. CITY OF OCALA, a Florida municipal corporation, Defendant-Appellee. Bankshot Billiards, Inc., d.b.a. Bankshot Billiards, Plaintiff-Appellee, v. City of Ocala, a Florida municipal corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 11, 2011.

Attorney(s) appearing for the Case

Dock Blanchard , Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, FL, for Plaintiff-Appellant.

Eric P. Gifford , Patrick G. Gilligan , Gilligan, King & Gooding, P.A., Ocala, FL, for Defendant-Appellee.

Before TJOFLAT, CARNES and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

In this case, we consider whether a business may sue a municipality under 42 U.S.C. § 1983 to recover damages it sustained by cautiously complying with an ordinance that the business claims is unconstitutionally vague under the Fourteenth Amendment. The business does not engage in any constitutionally protected activities under the First Amendment or any other provision of the United States Constitution. It therefore does not claim that...

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