Pine, et al. v. City of West Palm Beach, FL, No. 13-15011 (11th Cir. 2014)Annotate this Case
Plaintiffs, anti-abortion advocates, challenged Sections 34-38 of the Code of the City of West Palm Beach, which bans amplified sound within 100 feet of the property line of any health care facility. The court concluded that the district court did not abuse its discretion in denying a preliminary injunction when it found that the Ordinance is a valid time, place, or manner restriction on speech that is content-neutral, is narrowly tailored to advance the City's substantial interest in protecting patients, and leaves open ample alternative avenues of communication. The district court did not abuse its discretion in determining that plaintiffs failed to establish a substantial likelihood of success on their claims that the Ordinance is void for vagueness and is being applied discriminatorily against them. Accordingly, the court affirmed the judgment.