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FLANIGAN'S ENTERPRISES v. CITY OF SANDY SPRINGS

No. 14-15499.

831 F.3d 1342 (2016)

FLANIGAN'S ENTERPRISES, INC. OF GEORGIA, Fantastic Visuals, LLC, Plaintiffs-Appellants, Melissa Davenport, Marshall G. Henry, Intervenors-Plaintiffs-Appellants, v. CITY OF SANDY SPRINGS, GEORGIA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 2, 2016.

Attorney(s) appearing for the Case

Cary Stephen Wiggins , Wiggins Law Group, Atlanta, GA, for Plaintiffs-Appellants.

Cary Stephen Wiggins , Wiggins Law Group, Gerald Richard Weber, Jr. , Law Offices of Gerry Weber, LLC, Atlanta, GA, Adam Brett Wolf , Peiffer Rosca Wolf Abdullah Carr & Kane, LLP, San Francisco, CA, for Intervenors-Plaintiffs-Appellants.

Scott D. Bergthold , Bryan Dykes , Law Office of Scott D. Bergthold, PLLC, Chattanooga, TN, Harvey S. Gray , Gray Rust St. Amand Moffett & Brieske, LLP, Atlanta, GA, for Defendant-Appellee.

Before HULL, WILSON, and ANDERSON, Circuit Judges.

In this appeal, we review the district court's dismissal of two complaints that challenge the constitutionality of a municipal ordinance prohibiting the sale, rental, or lease of obscene material. After the benefit of briefing and oral argument, we conclude that the Fourteenth Amendment Due Process Clause claim is foreclosed...

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