Court Rejects City’s Request in Topless Protester Case

DAYTONA BEACH, Fla. — Florida's 5th District Court of Appeals has rejected a last-ditch effort by the city of Daytona Beach to continue its case against top-free protester Elizabeth Book.

In a single-sentence order that included no discussion of the case or of the merits of the city’s motion for rehearing, the court stated simply that “the petitioner’s motion for rehearing, rehearing en banc or entry of a written opinion, filed Aug. 14, is denied.”

Book’s attorney Lawrence Walters told XBIZ that his firm was “thrilled with the decision, both in terms of what it means for our client and what it means for free speech rights.

“The city has fought hard to censor Liz Book, and this decision spells the end of a long battle to preserve basic 1st Amendment rights to political expression,” Walters said.

Asked whether he thought this decision would put an end to the city’s attempts to stifle Book’s topless protests, or if the city might try to alter its public nudity ordinance to prevent Book from protesting in the future, Walters said he doubted that the city could eliminate the exemption concerning legitimate protests without rendering its ordinance unconstitutional.

While the city might be done trying to prosecute Book, their business with the top-free protestor is not over. In August, Book filed a notice of claim against the city, and that claim still needs to be satisfied.

“The city is still on the hook for a substantial claim by Liz for multiple arrests and malicious prosecution against her, lasting years of her life through multiple courts,” Walters said.

In addition to filing the notice of claim against the city, in August Walters also requested that the court impose sanctions against the city for its “patent disregard for the basic requirements of the rehearing procedure.” The court apparently decided not to sanction the city, as there was no mention of sanctions in the order denying the city’s request for rehearing.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Male Power Debuts 'Peacocking' Collection

Male Power has introduced its new Peacocking collection of men's underwear.

A Look at the Trends Shaping Male Pleasure and Wellness

The male pleasure category was once defined by familiar products: non-powered sleeves and strokers, manual penis pumps, rings and a relatively small selection of prostate toys. Today, manufacturers draw inspiration from consumer electronics, sexual wellness, gaming, streaming content and app-driven interaction, while still relying on one of the category's oldest staples: the basic stroker.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Orion Debuts 3 New Styles From Cottelli Lingerie

Orion Wholesale has introduced three new styles from its Cottelli Lingerie line.

CalExotics Expands 'Pleasure Kits' Collection With 3 New Additions

CalExotics has introduced three additions to its Pleasure Kits line, each combining a range of pleasure products and accessories centered on varying levels of intensity.

Beisar Introduces New Anal Lubricant

Beisar has introduced its new anal lubricant, expanding its product line beyond pleasure products.

Adam & Eve, Lovehoney Group Partner for Custom Products

Adam & Eve and Lovehoney Group have partnered to introduce two custom editions of We-Vibe vibrators and an advent calendar sex kit.

Lovely Planet, Dorcel Expand Partnership

Lovely Planet, longtime manufacturer and distributor of the Dorcel Toys line, has expanded its partnership with the company to encompass Dorcel’s full range of pleasure products.

Arcwave Debuts 'Air' Male Stroker

Arcwave has introduced Air, the newest stroker from its Pleasure Air collection.

Sportsheets Introduces 11-Piece 'Amethyst' Collection From 'Sex & Mischief' Line

Sportsheets is accepting pre-orders for its new Amethyst collection of pleasure accessories from its Sex & Mischief line.

Show More