Johnson v. Gardner

STEPHEN L. DAKAN, Circuit Judge.

THIS CAUSE came on for final hearing upon the pleadings of the parties. Plaintiff, RICHARD JOHNSON, sought to prohibit enforcement of Section 877.16, Florida Statutes, 1981. This Section of the Statutes declares it to be a second degree misdemeanor to exhibit for pay any “crippled or physically distorted, malformed, or disfigured beast, bird, or animal in any circus, ... or similar place, or any other place to which an admission fee is charged.” Plaintiff claims that this Section violates the United States Constitution and the Constitution of the State of…