On appeal to the U.S. Court of Appeals for the 11th Circuit, Barrett argued that no fees whatsoever could be charged; however, the court ruled for the Nationalists on the grounds that a "nominal" fee could be charged. Although there was a dispute over what was "nominal," O'Kelley was reversed and the fines were vacated. O'Kelley rescinded his ban on the Nationalists' attorney. Forsyth County appealed to the U.S. Supreme Court, which granted certiorari. Robert S. Stubbs III and Gordon A. Smith, arguing on behalf of Forsyth County, insisted that the Girl Scouts and a local track club had been charged nominal fees, so the Nationalists were being treated equally. The American Civil Liberties Union filed an "amicus" brief in which they contended that a nominal fee of $100.00 sufficed.