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FLANIGAN'S ENTERPRISES, INC. v. FULTON COUNTY, GA.

No. 00-11152.

242 F.3d 976 (2001)

FLANIGAN'S ENTERPRISES, INC. OF GEORGIA, d.b.a. Mardi Gras, Plaintiff-Appellant, v. FULTON COUNTY, GEORGIA, The Board of Commissioners of Fulton County, Georgia, et al., Defendants-Appellees. 6420 Roswell Road, Inc., a Georgia Corporation, d.b.a. Flashers, Harry Freese, individually and as Licensee for Flashers, et al., Plaintiffs-Appellants, v. Fulton County, The Board of Commissioners of Fulton County, Georgia, et al., Defendants-Appellees. Ceeda Enterprises, Inc. d.b.a. Riley's Restaurant and Lounge, Plaintiff-Appellant, v. Fulton County, Georgia, The Board of Commissioners of Fulton County, Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

DECIDED February 20, 2001.

Attorney(s) appearing for the Case

Owen Jackson Cook, The Cook Law Office, P.C., Steven M. Youngelson, P.C., Atlanta, GA, James N. Cline, Roswell, GA, for Plaintiffs-Appellants.

Renee Marie L'Eplattenier, Larry W. Ramsey, Jr., Atlanta, GA, for Defendants-Appellees.

Before DUBINA, FAY and COX, Circuit Judges.

PER CURIAM:

Plaintiffs, four adult entertainment businesses ("Plaintiffs") operating in unincorporated Fulton County, Georgia appeal from the grant of summary judgment in favor of defendants Fulton County and its Board of Commissioners. The district court held that a 1997 amendment to Section 18-76 of the Fulton County Code ("Section 18-76" or "1997 amendment") which prohibited the sale and consumption of alcoholic beverages in adult entertainment establishments was...

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