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

Eldorado Introduces 'Dr. Tush' Anal Plug Sets

Eldorado Trading has debuted the new Dr. Tush line of anal plug sets.

Pjur Introduces 'Intimate Flavors' Oral Gel From 'Nature' Line

Pjur has debuted its Intimate Flavors Oral Delight Gel from its Nature line.

Lovehoney Group, Svakom Sign Licensing Agreement for Technology Exchange

Lovehoney Group and Svakom have entered into a licensing agreement to exchange intellectual property.

Screaming O Debuts 'Ride the Pickle' Pleasure Ring

Screaming O has introduced its new Ride the Pickle vibrating C-ring, part of its food-themed collection.

Williams Trading Founder Bob Pyne Sr. Passes Away at 88

Bob Pyne Sr., founder of Williams Trading Co. and adult industry pioneer, has passed away at the age of 88.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Beisar Introduces 'E-Stim Anal' Collection

Beisar has debuted its new E-Stim collection of anal pleasure products.

Hankey's Toys Debuts UnicornHorn48 Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of creator UnicornHorn48.

Rouge Opens US-Based Warehouse

U.K. pleasure brand Rouge has expanded into the United States with a new U.S.-based warehouse.

Show More