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

XBIZ Expo 2026 Pleasure Product Trade Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ Expo pleasure product trade show, set to take place Jan. 8–12 at the Loews Hollywood Hotel.

Magic Silk Debuts 'Black Cherry' Collection

Magic Silk has introduced its new Black Cherry line of apparel.

Nexus Debuts 'Alpha Surge' Masturbator

Nexus has introduced Alpha Surge, its first stroker device.

Womanizer Drops 2 New Editions of 'Next' Stimulator

Womanizer has debuted two new versions of its Next clitoral stimulator, comprising the Bordeaux and Dusky Pink editions.

Lovense, Hustler Hollywood Partner for Demo Events

Lovense and Hustler Hollywood have partnered for a series of 16 in-store product demonstration events, starting Jan. 13.

Holiday Now Shipping 'Love to Love' Collection From Lovely Planet

Holiday Products is now shipping the Love to Love product line from Lovely Planet.

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Nalpac Releases 2026 Valentine's Day Catalog

Nalpac has released its 70-page 2026 Valentine’s Day catalog, featuring hundreds of products.

Blush Expands 'Dr. Skin' Vibrator Collection

Blush has introduced three new designs to its Dr. Skin line of vibrators.

Svakom Launches 'KooSync' App

Svakom has launched its new KooSync interactive platform and app.

Show More