A federal judge has ordered the city of Clearwater to leave the fish painting alone.
U.S. District Judge James D. Whittemore ruled that city officials may not take any action against The Complete Angler, a bait-and-tackle shop at 705 N. Fort Harrison Ave., for having a mural of fish on its exterior. The city also may not penalize Herb Quintero, the owner of the shop, for covering the mural with a banner showing the First Amendment.
Whittemore agreed with U.S. Magistrate Elizabeth Jenkins' finding that "both the painting and the banner are noncommercial speech protected by the First Amendment."
The city filed objections to Jenkins' findings, but Whittemore rejected the objections.
The American Civil Liberties Union of Florida sued the city on the shop's behalf.
"This is a huge victory for The Complete Angler and for all small business owners in Clearwater," Maria Kayanan, ACLU of Florida associate legal director, stated in as news release. "The city had no right to stifle the owners' free speech, and we are very pleased that the court enjoined the city's unconstitutional conduct."
Whittemore's order granted a preliminary injunction, while the lawsuit is litigated. The ACLU is seeking to make that order permanent.
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