Legal Opinion

Daytona Grand, Inc. v. City of Daytona Beach

Court of Appeals for the Eleventh Circuit

Decided June 28, 2007No. 06-12022PublishedCited by 26 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

At issue today is the constitutionality of several zoning and public nudity ordinances adopted by the City of Daytona Beach (“the City”) to regulate adult theaters. The owners and operators of Lollipop’s Gentlemen’s Club (“Lollipop’s”), an adult theater in Daytona Beach, sued the City claiming that these ordinances violate the First Amendment. The district court upheld the zoning ordinances, finding that the City had provided a constitutionally sufficient number of available sites for adult theaters, and also denied Lollipop’s claim that it was “grandfathered in” under…

2Cases cited28 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. Marks v. United StatesSupreme Court of the United States · 1977
  4. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  5. Marks v. United StatesSupreme Court of the United States · 1977

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3Cited by26 opinions

  1. Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee CountyCourt of Appeals for the Eleventh Circuit · 2011
  2. Richland Bookmart, Inc. v. Knox County, Tenn.Court of Appeals for the Sixth Circuit · 2009
  3. Club Madonna Inc. v. City of Miami BeachCourt of Appeals for the Eleventh Circuit · 2022
  4. Maages Auditorium v. Prince George's CountyDistrict Court, D. Maryland · 2014
  5. TJS of New York, Inc. v. Town of SmithtownCourt of Appeals for the Second Circuit · 2010

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