Panama City, Florida passed five ordinances aimed at reducing the impacts of spring break revelers in the popular Gulf Coast tourist destination. One of the ordinances limited the hours of alcoholic beverage sales during the month of March, while others limited possession or consumption of alcohol in commercial parking lots, on City right-of-ways, and on the beach. Several entertainment businesses filed suit against the City, including with First Amendment Free Speech claims. The federal district court assumed that the conduct in question was speech, but found that the ordinances in question were justified without reference to the content of the speech in question, and were proper time, place, and manner restrictions that provided ample alternative channels for communication of the entertainment. The court additionally found that the City had relied on adequate evidence of criminal activity and other antisocial behavior in enacting the ordinances. The court denied the plaintiffs’ motion for a preliminary injunction.
Funtana Vill., Inc. v. City of Panama Beach, No. 5:15CV282-MW/GRJ, slip op., 2016 WL 375102 (N.D. Fla. Jan. 28, 2016)