Legal Opinion

City of Daytona Beach v. Ducille

Circuit Court of the 7th Judicial Circuit of Florida, Volusia County

Decided September 23, 1982No. Case No. V82-6886-DB; Case No. V82-6880-DBPublished

1Opinion of the Court

NORTON JOSEPHSON, County Court Judge.

THIS CAUSE came on to be heard on the Defendant’s Motions to Dismiss the charges filed against them by the City of Daytona Beach. This is the case of the bottomless ordinance.

The Defendants are charged with Violation of City Ordinance 5-25(a) which provides as follows:

“No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage or buttocks or any simulation thereof in an establishment dealing in alcoholic beverages.”

The charging instrument (SA-751) alleges that Ms. Ducille “while employed by the above…

2Cases cited5 opinions

  1. North American Company v. GreenSupreme Court of Florida · 1960
  2. BOARD OF COUNTY COM'RS v. DexterhouseDistrict Court of Appeal of Florida · 1977
  3. Martin v. BOARD OF CTY. COM'RS OF LEE CTY.Supreme Court of Florida · 1978
  4. Steffens v. STATE, LUGODistrict Court of Appeal of Florida · 1977
  5. Louisville Nashville Railroad Co. v. HarperAlabama Court of Appeals · 1960

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