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Flanigan's Enterprises, Inc. of Georgia v. Fulton County, GA.

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[PUBLISH]

Before BLACK, MARCUS and HIGGINBOTHAM,*fn1 Circuit Judges.

Defendant Fulton County, Georgia, concerned about the secondary effects on its communities of the mixture of alcohol and live nude dancing, passed an ordinance in 2001 prohibiting the sale, possession, and consumption of alcohol in adult entertainment establishments. Plaintiffs Flanigan’s Enterprises, Inc., owner and operator of the Mardi Gras strip club, and other owners and operators of strip clubs in Fulton County brought this First Amendment challenge to the ordinance, arguing that the ordinance infringed on their right to free speech. The district court, concluding that the ordinance failed to further an important governmental interest, granted summary judgment and awarded damages to Flanigan’s. The County now appeals the judgment and Flanigan’s cross-appeals on several issues not reached by the district court.

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