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

Beisar Introduces 'Pelor' Anal Vibe

Beisar has debuted its Pelor vibrating anal pleasure product.

Holiday Now Shipping 'Zumio X2' Stimulator

Holiday Products is now shipping the Zumio X2 clitoral stimulator.

CalExotics Appoints Lupe Martinez, Austin Ferdinand to Executive Team

CalExotics has named Lupe Martinez as its new executive director of marketing and Austin Ferdinand as vice president of business development.

Sportsheets Names Emily Silva Director of Product and Merchandising

Sportsheets has appointed Emily Silva as its new director of product and merchandising.

Male Power Debuts 'Eco Cozy' Collection

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

Altitude Show Taps Deanna Klerks for Buyer Relations and Experience Manager

Altitude Show has hired Deanna Klerks as its new manager of buyer relations and experience.

Toendi Launches Full Company Rebrand

Pleasure brand Toendi has launched a rebrand of its logo and products.

Orion Expands 'Beastly Cocks' Line

Orion Wholesale has introduced two new fantasy dildos from its Beastly Cocks line.

Blush Debuts 'Riana' Massager

Blush has introduced the new Riana massager.

Eldorado Opens Preorders for 'Blō' Flavored Lube From JO

Eldorado Trading is now accepting preorders for the new Blō collection of flavored lubricants from JO, with shipments beginning July 13.

Show More