Legal Opinion

Deweese v. Town of Palm Beach

Court of Appeals for the Eleventh Circuit

Decided March 23, 1987No. 85-5342PublishedCited by 8 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

An Ordinance of the Town of Palm Beach (“Town”) prohibits its citizens from appearing downtown without a garment covering the upper portion of their bodies. Because this prohibition, as applied to appellant DeWeese, is not rationally related to any legitimate Town interest, we hold that the ordinance is unconstitutional.

I. BACKGROUND

Appellant Allen DeWeese is a male lawyer who lives in the Town of Palm Beach, Florida. He likes to run, and during the hot, humid Florida summers he runs without a shirt on. This activity offended the town fathers of Palm Beach so they…

2Cases cited16 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  4. Cohen v. CaliforniaSupreme Court of the United States · 1971
  5. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981

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3Cited by8 opinions

  1. Robert A. Neinast v. Board of Trustees of the Columbus Metropolitan Library Larry D. Black Vonzell L. JohnsonCourt of Appeals for the Sixth Circuit · 2003
  2. Grazyna Zalewska v. County of Sullivan, New York, Judith Maier and Terence O'NeillCourt of Appeals for the Second Circuit · 2003
  3. Cafe 207, Inc. v. St. Johns CountyDistrict Court, M.D. Florida · 1994
  4. Deweese v. Town Of Palm BeachCourt of Appeals for the Eleventh Circuit · 1987
  5. Sullivan v. City of AugustaDistrict Court, D. Maine · 2005

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