Buehrle v. City of Key West, No. 14-15354 (11th Cir. 2015)
Annotate this CaseAfter the City barred plaintiff from opening a tattoo establishment in the City's designated historic district, plaintiff filed suit contending that the act of tattooing is entitled to First Amendment protection and that the City's ordinance limiting the number of tattoo establishments permitted to operate in the historic district is an unconstitutional restriction on his freedom of expression. The district court granted summary judgment in favor of the City. The court agreed with the district court's conclusion that tattooing is protected artistic expression. However, the court reversed the summary judgment because the court concluded that the City has failed to show that the ordinance is a reasonable time, place, and manner restriction. In this case, aside from the City's vague statement of purpose, the City has presented insufficient evidence that it had a reasonable basis for believing that its ordinance would actually serve the significant governmental interests it propounds.
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