Flanigan’s Enterprises, Inc. v. Sandy Springs, Georgia

The Eleventh Circuit granted rehearing en banc to review the constitutionality of a municipal ordinance prohibiting the sale of sexual devices in light of several recent Supreme Court decisions. After agreeing to take the case en banc, the City repealed the challenged portion of its municipal code. The court held that the case was moot because it saw no reasonable basis for concluding that the ordinance would be reenacted and because a prayer for nominal damages, by itself, was insufficient to satisfy Article III's jurisdictional requirements. Accordingly, the court dismissed the appeal. View "Flanigan's Enterprises, Inc. v. Sandy Springs, Georgia" on Justia Law