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In this undated photo provided by the Institute for Justice, Scott Fisher stands outside his video game store in Orange Park, Fla., a suburb of Jacksonville. A Florida city is saying "game over" to a business owner's decision to inflate a 9-foot-tall (2.7-meter-tall) Super Mario outside his shop. Fisher filed a federal lawsuit on Thursday, April 6, 2017, arguing that the town's ban violates his free speech. (Institute for Justice via AP)
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Florida city says ‘game over’ to inflatable Super Mario

In this undated photo provided by the Institute for Justice, Scott Fisher stands outside his video game store in Orange Park, Fla., a suburb of Jacksonville. A Florida city is saying "game over" to a business owner's decision to inflate a 9-foot-tall (2.7-meter-tall) Super Mario outside his shop. Fisher filed a federal lawsuit on Thursday, April 6, 2017, arguing that the town's ban violates his free speech. (Institute for Justice via AP)

ORANGE PARK, Fla. (AP) — A Florida city is saying “game over” to a business owner’s decision to inflate a 9-foot-tall (2.7-meter-tall) Super Mario outside his shop.

Scott Fisher owns a video game store in the city of Orange Park, a suburb of Jacksonville. He says the city is acting like the Super Mario Bros. game villain Bowser. Fisher filed a federal lawsuit on Thursday arguing that the town’s ban violates his free speech.

Lawyers with the conservative law organization Institute for Justice are representing Fisher. They argue that the city is discriminating by allowing inflatables to be displayed as holiday decorations or creative displays, but not to promote businesses.

Fisher says the inflatable Mario helps people find his small store.

Town Manager Jim Hanson says the city has not seen the suit and could not comment.

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