Scott Fisher has been cultivating his video game business for years and owns a business, North Florida Quality Goods and Services LLC, which does business under the name, “Gone Broke Gaming.” He specializes in classic, vintage and rare games, which he sells to customers all over the world. But the bread and butter of Scott’s business are new games and gaming systems, for which most of his customers are local. Scott initially sold to his customers online and then at a flea market. He quickly outgrew the flea market and in 2015, opened up a small storefront in his hometown of Orange Park—a small suburb of Jacksonville.
Despite Scott’s attempts to get the word out about his new location, however, there were initially few walk-in customers. Gone Broke Gaming is in a small brick building on a busy commercial road, and is lost amidst a long strip of convenience stores and gas stations. When customers did show up, they often remarked how hard it was to find the store. So Scott brainstormed ways to increase his store’s visibility and to make it more welcoming.
Scott and Gone Broke Gaming want just two things: (1) a court declaration that the town’s sign code is violating their First Amendment rights and (2) a court order preventing the town from fining or otherwise prosecuting Scott and Gone Broke Gaming for displaying the inflatable Mario.
The town of Orange Park, Florida banned Scott Fisher from putting an inflatable blow-up of the video game character Mario in front of his video game store. IJ and Scott challenged the town’s law that…