Gardner v. Johnson, No. 63665

CourtUnited States State Supreme Court of Florida
Writing for the CourtADKINS; ALDERMAN
Citation451 So.2d 477
PartiesJames A. GARDNER, et al., Appellants, v. Richard JOHNSON, Appellee.
Decision Date31 May 1984
Docket NumberNo. 63665

Page 477

451 So.2d 477
James A. GARDNER, et al., Appellants,
v.
Richard JOHNSON, Appellee.
No. 63665.
Supreme Court of Florida.
May 31, 1984.

Jim Smith, Atty. Gen. and M. Ann Garrison, Asst. Atty. Gen., Tampa, for appellants.

David B. McEwen, Tampa, for appellee.

ADKINS, Justice.

This case is before us on direct appeal from a decision of the Second District Court of Appeal which affirmed the trial court's determination that section 877.16, Florida Statutes (1979), is unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. The district court's decision is reported at 429 So.2d 1341 (Fla. 2d DCA 1983).

Section 877.16 states in its entirety:

877.16, Exhibition of deformed animals prohibited; penalty--Whoever shall exhibit for pay or compensation any crippled or physically distorted, malformed, or disfigured beast, bird, or animal in

Page 478

any circus, show, or similar place, or any other place to which an admission fee is charged, whoever knowingly causes to be advertised any such exhibition, and whoever solicits or procures the attendance of others at such exhibition with knowledge of the nature thereof, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Appellee owns and operates an animal show with which he travels about the state exhibiting the animals at various fairs and other events. In January of 1978 the animal show was closed in response to complaints received by Manatee County law enforcement authorities. In April of 1980 appellee filed a complaint for declaratory relief in the circuit court challenging the constitutionality of section 877.16 and its predecessor, section 867.02, Florida Statutes (1977).

The trial court, after a nonjury trial, declared section 877.16 unconstitutional and prohibited appellants from attempting to enforce the provisions of that statute against the appellee. On appeal, the district court affirmed the judgment of the trial court. Appellants then filed a timely notice of appeal to this Court.

Appellee argued at the trial level and on appeal that the statute lacked specific standards from which an average person could determine which animals may not be exhibited. This theory was accepted by the trial court and by the district court with each court relying heavily on the opinion of this Court in World Fair Freaks and Attractions, Inc. v. Hodges, 267 So.2d 817 (Fla.1972). In World Fair Freaks, this Court declared unconstitutional...

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24 practice notes
  • Westerheide v. State, No. 5D99-785.
    • United States
    • Court of Appeal of Florida (US)
    • September 29, 2000
    ...reference to a dictionary.'") (quoting Green v. State, 604 So.2d 471, 473 (Fla.1992)); L.B., 700 So.2d at 372 (citing Gardner v. Johnson, 451 So.2d 477, 478 The appellant primarily complains that the term "likely" as used in the terminology "likely to engage in acts of sexual violence" is u......
  • 3299 N. Federal Highway, Inc. v. Board of County Com'rs of Broward County, Nos. 93-2888
    • United States
    • Court of Appeal of Florida (US)
    • September 9, 1994
    ...of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla.1985). 5 Legislative enactments are presumed to be constitutional. Gardner v. Johnson, 451 So.2d 477, 479 (Fla.1984). Courts are required to resolve doubts as to the interpretation of ordinances in a manner that will render them valid, if a......
  • DCFS v. Natural Parents of JB, No. 98-2255.
    • United States
    • Court of Appeal of Florida (US)
    • June 23, 1999
    ...some well-worn principles of constitutional adjudication. Statutes are presumed to be valid and not unconstitutional. Gardner v. Johnson, 451 So.2d 477 (Fla.1984). Courts are required to concede every presumption in favor of the validity of a statute. Griffin v. State, 396 So.2d 152 (Fla.19......
  • State v. Barnes, No. 96-01047
    • United States
    • Court of Appeal of Florida (US)
    • November 27, 1996
    ...of such a definition, the plain and ordinary meaning of the term can be ascertained by reference to a dictionary. Gardner v. Johnson, 451 So.2d 477, 478 (Fla.1984). Finally, a defendant who establishes only that the statute is vague in the sense that it requires a person to conform his or h......
  • Request a trial to view additional results
24 cases
  • Westerheide v. State, No. 5D99-785.
    • United States
    • Court of Appeal of Florida (US)
    • September 29, 2000
    ...reference to a dictionary.'") (quoting Green v. State, 604 So.2d 471, 473 (Fla.1992)); L.B., 700 So.2d at 372 (citing Gardner v. Johnson, 451 So.2d 477, 478 The appellant primarily complains that the term "likely" as used in the terminology "likely to engage in acts of sexual violence" is u......
  • 3299 N. Federal Highway, Inc. v. Board of County Com'rs of Broward County, Nos. 93-2888
    • United States
    • Court of Appeal of Florida (US)
    • September 9, 1994
    ...of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla.1985). 5 Legislative enactments are presumed to be constitutional. Gardner v. Johnson, 451 So.2d 477, 479 (Fla.1984). Courts are required to resolve doubts as to the interpretation of ordinances in a manner that will render them valid, if a......
  • DCFS v. Natural Parents of JB, No. 98-2255.
    • United States
    • Court of Appeal of Florida (US)
    • June 23, 1999
    ...some well-worn principles of constitutional adjudication. Statutes are presumed to be valid and not unconstitutional. Gardner v. Johnson, 451 So.2d 477 (Fla.1984). Courts are required to concede every presumption in favor of the validity of a statute. Griffin v. State, 396 So.2d 152 (Fla.19......
  • State v. Barnes, No. 96-01047
    • United States
    • Court of Appeal of Florida (US)
    • November 27, 1996
    ...of such a definition, the plain and ordinary meaning of the term can be ascertained by reference to a dictionary. Gardner v. Johnson, 451 So.2d 477, 478 (Fla.1984). Finally, a defendant who establishes only that the statute is vague in the sense that it requires a person to conform his or h......
  • Request a trial to view additional results

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