From Red, White & Booze, LLC v. City of St. Pete Beach, decided yesterday by Judge Kathryn Kimball Mizelle (M.D. Fla.):
A city-issued permit allows a restaurant to play outdoor music using only string instruments and allows amplified music for only a few hours each weekend…. Because I conclude that the permit's prohibition of certain kinds of instruments is a content-based restriction on First Amendment-protected expression and the city fails to show that the conditions survive strict scrutiny, I preliminarily enjoin the city from enforcing parts of the permit….
Some excerpts from the court's long analysis:
