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· 7/18/2003

Fly Fish, Inc. v. City of Cocoa Beach

Citations

  • 337 F.3d 1301
  • 2003 U.S. App. LEXIS 14564
  • 2003 WL 21688121

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “a licensing fee on adult entertainment establishments is controlled by Cox and Murdock and must be reasonably related to recouping the costs of administering the licensing program”
  • holding as unconstitutional a $1,250 fee per adult business because the “City ... conducted no real accounting of the costs of administering its licensing program”
  • evaluating an ordinance that prohibited “totally nude” dancing in “adult entertainment-establishments” under the Renton intermediate scrutiny framework
  • rec- ognizing that the Supreme Court has extended “the secondary effects rationale of Renton beyond its zoning context to the regulation of expressive conduct”
  • “If the message of nude dancing is eroticism, then [the challenged law] may properly be characterized as a Renton-type of time, place, or manner regulation. It does not ban erotic dancing, but rather to- tally nude dancing in an adult entertainment establishment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Hill, Cox

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.