This section contains the nature of the case and procedural background.

P is the manager of the University Drive-In Theatre. P was charged with violating § 330.313 of the municipal code for exhibiting a motion picture, visible from public streets, in which 'female buttocks and bare breasts were shown.' D stayed his prosecution so that the validity of the ordinance could be tested in a separate declaratory action. D introduced evidence showing that P's screen is visible from two adjacent public streets and a nearby church parking lot. The trial court upheld the ordinance. The District Court of Appeal, First District of Florida, affirmed and the Florida Supreme Court denied certiorari. P appealed.

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