489 So. 2d 729 - McGuire v. State’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““More importantly, the Ordinance itself specifically refutes Plaintiffs argument, because another section of the Ordinance specifically sets forth the conduct prohibited, [e.o.] Section 5-28.1 of the Code is titled ‘Nudity, sexual conduct prohibited.’ Subsection (b) provides: No female person shall expose to public view any portion of her breasts encompassed within an area falling below the horizontal line one would have to draw to intersect a point above the top of the areola, or any portion of the areola, or any simulation thereof in any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed. “In addition, sec. 5-28.1(d) protects the owner/ operator of an establishment serving alcoholic beverages from any liability because a patron or employee is clothed in apparel which exposes the cleavage of her breast, so long as the area below the areola is not exposed.””

   1 later decision quote this exact passage · from the majority
   e.g. Carchio v. City of Fort Lauderdale

2. “nudity is not in and of itself a constitutionally protected activity.”

   1 later decision quote this exact passage · from the majority
   e.g. 590 So. 2d 404 - Schmitt v. State