Legal Opinion

Krueger v. City of Pensacola

Court of Appeals for the Eleventh Circuit

Decided May 6, 1985No. 84-3065PublishedCited by 38 opinions

1Opinion of the Court

VANCE, Circuit Judge:

In this case, owners of topless bars in the city of Pensacola, Florida bring a first amendment challenge to an ordinance which bans topless dancing in establishments where alcohol is served. Because Florida has not delegated to its local municipalities any of its twenty-first amendment powers to regulate activities connected with the sale of intoxicating liquors, the city must justify such a restriction of communication under its general police power. Since Pensacola has failed to produce evidence that any legitimate government interest motivated the city council to…

2Cases cited12 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. Young v. American Mini Theatres, Inc.Supreme Court of the United States · 1976
  4. Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
  5. Southeastern Promotions, Ltd. v. ConradSupreme Court of the United States · 1975

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3Cited by38 opinions

  1. Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee CountyCourt of Appeals for the Eleventh Circuit · 2011
  2. Sammy's of Mobile, Ltd. v. City of MobileCourt of Appeals for the Eleventh Circuit · 1998
  3. Miller v. Civil City of South BendCourt of Appeals for the Seventh Circuit · 1990
  4. Jack Leverett v. The City of Pinellas ParkCourt of Appeals for the Eleventh Circuit · 1985
  5. FLANIGAN'S ENTERPRISES, INC. v. Fulton County, Ga.Court of Appeals for the Eleventh Circuit · 2010

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