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

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Kiiroo Introduces New Luxy Dutch Stroker

Kiiroo has debuted the new Luxy Dutch stroker sleeve from its FeelStar line.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

Starship Unveils New Executive Team

Starship Enterprises has announced its updated executive leadership team.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

CC Wellness Opens New Santa Clarita Facility

JO parent company CC Wellness has opened its new operations and warehouse facility in Santa Clarita.

Svakom Launches New Brand 'Kaotik Labs'

Svakom has launched its new male-focused sextech sister brand, Kaotik Labs.

Pjur Introduces 'SachetCard' Dispenser at Düsseldorf's 'Sex Now' Exhibition

Pjur has introduced its SachetCard dispenser at the Sex Now exhibition at NRW-Forum in Düsseldorf.

Show More