United States Eleventh Circuit
THIS THAT AND THE OTHER GIFT AND TOBACCO, INC. v. COBB COUNTY, 01-13482
The Medical Device Amendments of 1976 do not expressly or implicitly preempt Georgia law that prohibits the advertising and distribution of sexual devices; because plaintiffs show a substantial likelihood of success on their First Amendment claim, case remanded to consider whether they have satisfied the prerequisites for a preliminary injunction.
Appellate Information
- Decided 03/18/2002
- Published 03/18/2002
Judges
- COX, Circuit Judge:, Before BIRCH, CARNES and COX, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Mark J. Lopez,American Civil Liberties Union, New York City, Owen Jackson Cook, The Cook Law Office, P.C., Steven M. Youngelson, Cary Stephen Wiggins, Steven M. Youngelson, P.C., Atlanta, GA, for Plaintiffs-Appellants.
- For Appellees:
- Debra Halpern Bernes, Cobb County Dist. Attorney's Office, James W. Friedewald, Edwards, Friedewald & Grayson, Marietta, GA, for Defendants-Appellees.