Flanigan's Enter. v. City of Sandy Springs, No. 14-15499 (11th Cir. 2016)Annotate this Case
The City enacted into law several provisions that, inter alia, prohibit the commercial distribution of sexual devices within the City. Plaintiffs and intervenors brought, in relevant part, a Fourteenth Amendment Due Process Clause challenge to Ordinance 2009-04-24, codified at section 38-120 of the City’s Code of Ordinances. The district court granted the City’s motion and entered an order upholding the Ordinance against each challenge. The court concluded that the Fourteenth Amendment Due Process Clause claim is foreclosed by the court's prior holding in Williams v. Attorney General (Williams IV), and the district court properly entered judgment on the pleadings for the City as to Intervenor-Appellant Henry’s First Amendment claims that the law burdens his artistic expression. The district court committed no reversible error as to any other claim properly raised on appeal. Accordingly, the court affirmed the judgment.