Defendant responded with this Motion to Dismiss, contending that Plaintiffs lack Article III standing and that Counts IV, VI, and VII are not ripe for adjudication. Defendant's Motion, 8. Comcast presently does not provide Broadband access to the Internet. Goetz's Aff., 8. Scheller Aff., 9.
Defendant maintains that Plaintiffs fail prong one.
In addition, Defendant asserts that Plaintiffs' claims are not ripe. In cases involving pre-enforcement challenges such as this one, the Eleventh Circuit has noted that the lines among justiciability doctrines tend to blur. Region 8 Forest Serv. Nowhere, however, does either Plaintiff make any allegation concerning the provision of Broadband Internet Access Transport Services, the type of service covered by the challenged Ordinance. Thus, for purposes of disposition of this Motion, the Court proceeds as if Plaintiffs neither provide nor plan to provide the type of Internet access covered by the Ordinance.