United States Eleventh Circuit

A city zoning ordinance which regulates pay phones located on private property is preempted in its entirety under Florida state law, but a total ban on advertising on pay phones in the public rights-of-way is a permissible regulation.

Appellate Information

• Decided 02/13/2003
• Published 02/13/2003

Judges

• FAY, Circuit Judge:, Before WILSON and FAY, Circuit Judges, and MILLS, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Sheri A. Sack, Miami, FL, for City of Miami Beach., Michael J. Posner, West Palm Beach, FL, for Florida Pub. Telecommunications Ass'n, Inc., Martha Carter Brown and David E. Smith, Tallahassee, FL, for Amicus Curiae, Florida Pub. Serv. Com'n.