Summary
In Martin v. Board of County Commissioners of Lee County, 364 So.2d 449 (Fla. 1978), the Florida Supreme Court adopted the opinion of the Second District Court of Appeals in Board of County Commissioners of Lee County v. Dexterhouse, 348 So.2d 916 (Fla. D.C.A.2d 1977).
Summary of this case from Die Burg, Inc. v. UnderhillOpinion
No. 52522.
October 5, 1978. Rehearing Denied December 8, 1978.
Appeal from District Court of Appeal, Second District.
Steven Carta of Smith Carta, Fort Myers, for appellant
Julian Clarkson of Holland Knight, Fort Myers, and James G. Yaeger, County Atty. and Kenneth A. Jones, Asst. County Atty., Fort Myers, for appellees.
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, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
ADKINS, J., dissents.