DAYTONA BEACH, FL — Bare-breasted protester Elizabeth Book recently won her appeal in court and will be seeking attorney’s fees and damages to cover the costs of her fight.Book was originally charged under a city ordinance banning public nudity after going topless during a “Bike Week” biker rally in March 2004. The arrest came despite an exception contained in the pertinent Daytona Beach ordinance that allows for public nudity in the course of a political demonstration, or where such conduct is protected by the First Amendment.
Book was represented by well-known First Amendment attorney Lawrence G. Walters. Asked about his client’s plans to seek lawyer’s fees and other restitutions, Walters told YNOT, “We have not calculated the precise amount of attorneys fees incurred to date, but I estimate the number exceeds $100,000, with the two trials and multiple appeals initiated by the city of Daytona Beach. If we are required to pursue a civil rights lawsuit against the City, additional attorneys’ fees will be sought in that case as well. It is difficult to put a price on loss of liberty, but I suggest that one hour in custody illegally should be worth a substantial amount. She’s lost employment opportunities, and has been told that she would not be hired because of the arrests. She’s been painted as a criminal by the city, even though she’s done nothing wrong. We live in a free country, and the government should be punished for its actions in silencing my client’s protest in violation of the First Amendment. Therefore, regardless of the actual damages suffered by Liz Book, the city should be forced to pay punitive damages to her, as a way of deterring future civil rights violations.”
The 5th District Court of Appeals denied the city’s Petition for Writ of Certiorari earlier this month. Last week, Walters told the local media that he would seek sanctions from the court if the city did not withdraw its new motion for a rehearing. The city filed its motion after the court denied the city’s appeal of Book’s court victory without an opinion.
Walters said of the city’s latest actions, “We will leave the precise sanctions up to the Court, but in similar cases, the Appellate Courts have imposed monetary sanctions against the client, and the attorneys, and sometimes they have even been referred to the Florida Bar for ethical violations. If that happens, the attorney could be censured, suspended or disbarred. I have no idea what would prompt the City to file a frivolous attempt to ‘rehear’ the case after they lost three time. The courts are typically not fond of this kind of wasteful litigation practice, and will often send a message to help dissuade similar practice in the future. It is time for the city to let this case go, and accept the fact that they lost.”
Ultimately, this means that Book can not put the case behind her as quickly as she’d like. Of that sad truth, Walters said, “At this point, I would actually be surprised if the city did not try to draw the case out longer. Their tactic appears to be to delay the inevitable, at all costs, by any means. Eventually, the courts will tire of this nonsense, and put an end to it. I believe we are getting close to that point now.”
