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City forces business owner to take down inflatable Super Mario, takes case to court

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ORANGE PARK, Fla. (CNN) -- An inflatable Super Mario is at the heart of a legal battle in Florida.

The owner of a video game store in Orange Park--just outside Jacksonville--put Mario in front of his business. But the city forced him to take it down. The owner is now taking his case to a federal court.

Scott Fisher first put his 9-foot inflatable Super Mario in front of Gone Broke Gaming, because his business is hard to find.

It was an instant hit.

A few months later, he says the town of Orange Park threatened him with 100-dollar-a-day fines if he didn't take the mushroom-stomping coin-collecting character down.

Now, the Institute for Justice is taking it to federal court.

Attorney Erica Smith says the town's signage ordinance violates freedom of speech, because it allows inflatables as long as they're not used for a commercial purpose.

We'll see how the federal court rules on this case...