272 F.3d 1318 (11th Cir. 2001)
LARRY HORTON, Plaintiff-Appellee,vCITY OF ST. AUGUSTINE, FLORIDA, Defendant-Appellant.
No. 00-16220
IN THE UNITED STATES COURT OF APPEALSFOR THE ELEVENTH CIRCUIT
November 15, 2001

[Copyrighted Material Omitted]
Appeal from the United States District Court for the Middle District of Florida, D.C. Docket No. 00-00671-CV-J-25(B)
Before ANDERSON, Chief Judge, HULL and FAY, Circuit Judges.
HULL, Circuit Judge:


1
Defendant City of St. Augustine ("City") appeals the district court's preliminary injunction against the enforcement of Ordinance 2000-03, which restricted street performances in a four-block area of the City's historic district.  Because the district court erred, we reverse, and vacate its injunction.

I.  BACKGROUND

2
This appeal involves the regulation of street performances in a four-block area of St. George Street in St. Augustine, Florida, that is closed to automobile traffic.  Along with other artists andentertainers, Plaintiff Larry Horton performed as a "one-man band" for tourists and other pedestrians on St. George Street.

A.City Code Section 22-9

3
On March 13, 2000, the City Commission passed Ordinance 2000-03, which created Section 22-9 of the Code of the City.  Section 22-9 provides that street performances "may take place in all public areas" of the City except for a prohibited four-block area and specifically prohibits persons from performing, such as by acting, singing, playing musical instruments, and dancing, in only this four-block area, as follows:


4
(b) Definitions.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:


5
(1)  Perform includes, but is not limited to acting, singing,