Martin v. Board of Cty. Com'rs of Lee Cty.
| Decision Date | 05 October 1978 |
| Docket Number | No. 52522,52522 |
| Citation | Martin v. Board of Cty. Com'rs of Lee Cty., 364 So.2d 449 (Fla. 1978) |
| Parties | Andy MARTIN, Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, Florida, and Frank Wanica, Sheriff of Lee County, Florida, Appellees. |
| Court | Florida Supreme Court |
Appeal from District Court of Appeal, Second District.
Steven Carta of Smith & Carta, Fort Myers, for appellant
Julian Clarkson of Holland & Knight, Fort Myers, and James G. Yaeger, County Atty. and Kenneth A. Jones, Asst. County Atty., Fort Myers, for appellees.
We have jurisdiction in this case regarding the constitutionality of a county ordinance prohibiting "topless" dancing because the First Amendment to the Constitution of the United States was construed. Article V, Section 3(b)(1), Florida Constitution.
Because we interpret the opinion of the district court to apply only to the scant facts of this record, we adopt that court's opinion, which is reported at 348 So.2d 916 (Fla.2d DCA 1977).
Accordingly, the decision of the Second District Court of Appeal is affirmed.
It is so ordered.
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14 cases
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Del Percio v. City of Daytona Beach
...Springs; Board of County Commissioners v. Dexterhouse, 348 So.2d 916 (Fla. 2d DCA 1977), approved in Martin v. Board of County Commissioners of Lee County, 364 So.2d 449 (Fla.1978); see Nelson v. State, 157 Fla. 412, 26 So.2d 60 (1946). An ordinance that completely bans nude dancing or ente......
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City of Miami Springs v. J.J.T., Inc.
...compare Board of County Commissioners v. Dexterhouse, 348 So.2d 916, 918 (Fla. 2d DCA 1977), affirmed sub nom. Martin v. Board of County Commissioners, 364 So.2d 449 (Fla.1978) (preamble finding nexus between "concurrent consumption of alcoholic beverages and the nude and semi-nude activiti......
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Grand Faloon Tavern, Inc. v. Wicker
...of intoxicating liquors. In Board of County Commissioners of Lee County v. Dexterhouse, 348 So.2d 916, 918 (Fla.App.1977), aff'd, 364 So.2d 449 (Fla.1978), the court held that the powers recited in the Twenty-first Amendment had not been shared with local governments under Florida law excep......
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City of Daytona Beach v. Del Percio
...of County Commissioners of Lee County v. Dexterhouse, 348 So.2d 916 (Fla. 2d DCA 1977), aff'd sub nom., Martin v. Board of County Commissioners of Lee County, 364 So.2d 449 (Fla.1978), appeal dismissed, 441 U.S. 918, 99 S.Ct. 2024, 60 L.Ed.2d 392 (1979). While the Dexterhouse court found, c......
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