FF Cosmetics FL, Inc. v. City of Miami Beach

The City challenged the district court's order granting Retailers' renewed motion for a preliminary injunction, and denying the City's motions for clarification and for reconsideration. The preliminary injunction enjoined the enforcement of two City ordinances that restrict commercial solicitation and handbilling in sections of five streets in the Historic Art Deco District. The Eleventh Circuit held that the district court did not err in finding that Retailers were likely to succeed on the merits with respect to Section 74-1, the anti-solicitation ordinance, because the record suggested that the ordinance was not narrowly tailored–specifically that the City failed to consider numerous and obvious less-burdensome alternatives. The court also held that the district court correctly concluded that Retailers showed a substantial likelihood of success on their claim that Section 46-92, the anti-handbilling ordinance, was overbroad. Accordingly, the court affirmed the district court's order granting a preliminary injunction. View "FF Cosmetics FL, Inc. v. City of Miami Beach" on Justia Law