You'd have thought a innocent 9-foot inflatable Mario wouldn't offend anyone, but city officials in Orange Park, Florida have taken umbrage with the one that Scott Fisher, owner of Gone Broke Gaming erected outside his business to help increase the store's visibility and bring in more customers.

The city told Fisher that the Mario inflatable would have to go or he would face a daily $100 fine. The real kicker is that he was told he would be able to have an inflatable Santa, Easter Bunny or any other holiday-related character in its place.

Fisher isn't going to give up without a fight, however, and with assistance from the Institute of Justice he has filed a lawsuit against the town for violating his freedom of speech. While we are not experts in the First Amendment it seems that Fisher might have some grounds to overturn this decision.

Let us know if you think the forced removal of inflatable Mario was unconstitutional or if you think this case is full of hot air.

[via clickorlando.com]