One World One Family Now v. Miami Beach

175 F.3d 1282 (1999)

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One World One Family Now v. Miami Beach

United States Court of Appeals for the Eleventh Circuit
175 F.3d 1282 (1999)

  • Written by Jody Stuart, JD

Facts

The historic Art Deco district in Miami Beach (city) (defendant) was heavily regulated by the city to protect the district’s unique aesthetic and ambiance. Within the district, vending from tables on public sidewalks was prohibited except by restaurants, which could serve food on outdoor tables. The city then passed an ordinance that allowed nonprofit groups to use tables for vending on the east side of Ocean Drive, an oceanfront strip in the district. Ocean Drive was a main tourist attraction with a large concentration of restaurants. The west side of Ocean Drive was more crowded than the east side because the west side had the outdoor cafés. The city intended the ordinance to regulate pedestrian-traffic flow and aesthetics, not to control any particular message. One World One Family Now (One) (plaintiff), a nonprofit corporation dedicated to educating the public about spiritual ecology, used tables to assist in the sale of message-bearing T-shirts. One brought suit in federal district court against the city, alleging that the ordinance violated the First Amendment. The district court entered judgment in favor of the city. One appealed.

Rule of Law

Issue

Holding and Reasoning (Barkett, J.)

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