ANDY MARTIN, APPELLANT,
v.
THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, AND FRANK WANICA, SHERIFF OF LEE COUNTY, FLORIDA, APPELLEES
[*450] PER CURIAM.
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.
ENGLAND, C. J, and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. ADKINS, J., dissents.
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City OF Daytona Beach v. Del Percio, 476 So. 2d 197 (Fla. 1985)…County v. Dexterhouse, 348 So. 2d 916 (Fla. 2d DCA 1977), aff'd sub nom., Martin v. Board 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, contrary to our discussion above, that nude dancing contains no communicative element, we find that the minimal speech protection af…
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Hillsborough Cnty. v. Fla. Rest. Ass'n, Inc., 603 So. 2d 587 (Fla. 2d DCA 1992)…this court had already held that local government acts are not specifically limited to those referenced by the Beverage Law. Board of County Comm’rs v. Dexterhouse, 348 So. 2d 916 (Fla. 2d DCA 1977), aff'd sub nom. Martin v. Board of County Comm’rs, 364 So. 2d 449 (Fla.1978), appeal dismissed, 441 U.S. 918, 99 S.Ct. 2024, 60 L.Ed.2d 392 (1979). In Dexterhouse, we held that an ordinance prohibiting any female from displaying her breasts in a certain manner in a licensed establishment did not interfere or conf…
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Pignato v. Great W. Bank, 664 So. 2d 1011 (Fla. 4th DCA 1995)…e on a point of law. State v. Dwyer, 332 So. 2d 333, 335 (Fla.1976). Only decisions of the United States Supreme Court are binding on the state courts of Florida. Board of County Comm’rs v. Dexterhouse, 348 So. 2d 916, 918 (Fla. 2d DCA 1977), aff'd, 364 So. 2d 449 (Fla.1978). While in Wylie v. Investment Management and Research Inc., 629 So. 2d 898, 900 (Fla. 4th DCA 1993), we indicated that according unusual weight to a decision on an issue rendered by a federal circuit in which the state is located is an ap…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Bd. OF Cnty. Comm'rs OF LEE Cnty. v. Dexterhouse, 348 So. 2d 916 (Fla. 2d DCA 1977)
- Mendoza v. Metro. Dade Cnty., 348 So. 2d 916 (Fla. 3d DCA 1977)