Harbourside Place, LLC v. Town of Jupiter, No. 18-12457 (11th Cir. 2020)Annotate this Case
Harbourside filed suit against the town, moving for a pre-enforcement preliminary injunction against Ordinance 1-16. The ordinance, among other things, established a two-tiered scheme for the use of amplified sound at non-residential properties and contains a separate section relating to outdoor live musical performances. The district court denied injunctive relief.
The Eleventh Circuit applied limited review, without definitively addressing the merits, and affirmed the district court's judgment. The court held that the district court did not abuse its discretion in ruling that Harbourside failed to establish a likelihood of success on its claims that it qualifies as an outdoor venue and that the challenged sections of the Jupiter Code are content-based.