In January of 2003, Ms. Wyner informed the Florida Department of Environmental Protection (DEP) of her intent to display an anti-war artistic work at MacArthur State Park on Valentine's Day, 2003 consisting of nude individuals creatively assembled to represent a peace sign. The Florida DEP responded to Ms.Wyner, citing that in order for her artistic expression to be considered lawful, she would have to abide by Florida's "Bathing Suit Rule."
Wyner sued Florida officials on February 12, 2003, citing the First Amendment and requesting protection from police interference as well as protection against future similar displays involving nudity presented by her and others. The DEP and Wyner settled the case by allowing Wyner to present the display and other future similar displays by her and others unimpeded by state action. However, the displays were to be held behind a curtain or screen in order to shield other visitors from the nude performers. Wyner was also awarded attorney's fees associated with this case.
However, on Valentine's Day, the nude participants performed beyond the barrier constructed by the State. The courts subsequently decided Ms. Wyner was no longer entitled to the decision previously awarded to her and others in regards to future similar public displays.
The case of Sole v. Wyner argued that Ms. Wyner should furthermore not be entitled to the attorney's fees that had been previously awarded to her. The final decision of the court in this case was in Ms. Wyners' favor, with the court citing that the attorney's fees were associated with the original order of the court permitting her to present her display unimpeded by state action and not associated with the subsequent decision.
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