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FLANIGAN'S ENTERPRISES v. CITY OF SANDY SPRINGS

No. 14-15499.

868 F.3d 1248 (2017)

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 23, 2017.

Attorney(s) appearing for the Case

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

Craig Goodmark , Goodmark Law Firm, LLC, DECATUR, GA, 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-Appellants.

Scott D. Bergthold , Harvey S. Gray , 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 ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JULIE CARNES, JILL PRYOR, and ANDERSON, Circuit Judges.

We granted rehearing en banc to review the constitutionality of a municipal ordinance prohibiting the sale of sexual devices in light of several recent Supreme Court decisions which, it was argued, call into question the continued vitality of this Court's decision in Williams v. Attorney General (...

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