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The first amendment in action

PostPosted: Tue Jan 05, 2016 8:51 pm
by Webb
The city of Key West tried to ban tattoo parlors. The 11th US Circuit Court of Appeals disagreed.

From the opinion (PDF).

Jimmy Buffett’s song “Margaritaville” was referenced twice in the record, once by Mr.
Craig in his deposition and once by the City’s attorney in oral argument before the district court,
to support the claim that inebriated tourists are likely to get and then regret tattoos if more tattoo establishments operate in the historic district. But the singer in “Margaritaville”—seemingly far from suffering embarrassment over his tattoo—considers it “a real beauty.” Jimmy Buffett, “Margaritaville,” on Songs You Know by Heart (Geffen Records 1985).

Re: The first amendment in action

PostPosted: Wed Jan 06, 2016 12:56 am
by Hawkeye07
What I find amazing or perhaps I should say mind boggling is that the district court agreed with the city in the first place even though the city submitted no supporting evidence or documentation to substantiate its claim. I think the Court of Appeals got it right. The bureaucrats of any city or other government entity seem to think they can say whatever they want or act on any subject they chose and then hide behind the government title but as the Court of Appeals said quite simply "Show me." There's a lot of rulings that have come down from various courts that I find objectionable or down right insane but this time they got it right. :clap: