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A preliminary injunction hearing has been set for May 30 in the ACLU’s federal lawsuit against the City of Pensacola over its controversial new anti-panhandling ordinance.

The law makes it illegal for anyone to ask for a donation, either verbally or by holding up a sign, within a roughly 40-block section of the city’s downtown. City council members narrowly approved the law earlier this month, and the ACLU of Florida filed suit days later on behalf of local nonprofit Food Not Bombs and two other individuals. In addition to asking the court to strike down the law, the ACLU is seeking a preliminary injunction barring enforcement of the law while the suit is ongoing.

Senior District Judge Roger Vinson has scheduled a hearing on the injunction request for Tuesday, May 30. City officials said Monday that the ban, which went into effect last week, won’t be enforced prior to the hearing.

While the ordinance targets panhandlers specifically, its strict language also bars street performers and charities like The Salvation Army from seeking donations within the downtown area. ACLU attorneys have argued that the ban is an unconstitutional violation of free speech and due process rights.

“We repeatedly warned the city council that this ordinance was unconstitutional,” said Jacqueline Azis, an ACLU of Florida staff attorney. “The city council can’t outlaw certain kinds of speech just because hearing it could make some people uncomfortable. Courts throughout the country, including in Florida, have been abundantly clear about the unconstitutionality of these laws. We had worked to avoid litigation, but when this cruel and unjust law was passed, we had to take action before it went into effect to protect the rights of the city’s most vulnerable citizens, street performers, and charitable groups.”

The ACLU has successfully overturned similar anti-panhandling laws in other states and is currently involved in legal challenges to similar ordinances in Cleveland, Ohio and Belton, Mo.

Here’s a copy of the ACLU’s memorandum in support of a preliminary injunction:

Derek Cosson
Derek Cosson
Managing Editor

Derek Cosson is a founding partner and managing editor of The Pulse.

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2 Responses

  1. CJ Lewis Reply

    Word on the street is that the City and ACLU have worked out a deal. I was told the City has agreed to delay enforcement of Section 8-1-28 “Regulation of Conduct in the Downtown Visitors’ District” until the issue is resolved in court, that the ACLU has agreed to not seek a restraining order and so presumably negating the need for the May 30 hearing. The Pulse should be able to verify the facts with the ACLU. I also heard that Police Chief Tommi Lyter does not want the PPD to have to enforce Section 8-1-28 that does seem more of a social service than a law enforcement function. Handing out citations to poor people assessing fines they cannot pay hardly seems a productive use of a PPD Officer’s time. Perhaps the City could deputize the DIB Board members and let them walk around issuing the citations. A City Council member may propose repeal of Section 8-1-28, an action that if successful would make the whole mess go away. However, that still leaves in place the mess created in 2013, specifically the city’s primary panhandling law – Section 8-1-25 “Panhandling” – that to judge by what we all hear and see has never actively been enforced. One option that comes to mind is for the City Council to adopt an ordinance modeled after the one in Tampa – Section 14-46 “Solicitation Regulation.” Tampa has already run the legal gauntlet on this issue and their law is presumably rock solid. In the same action, the City Council could repeal Section 8-1-25 and Section 8-1-28. Then the City Council could move on to important issues like a Food Truck Ordinance.

  2. worldcitizen999 Reply

    Directing the police to give citations to poor people – that ‘order’ them to pay fines they can’t afford is a cruel & shameful waste of police officer’s time. Shame on every city that caters to the whims of the rich, by screwing the ‘least of our brothers/sisters’. As many know, this is one of many battles in a great war. Believe it or not, humanity is moving towards a time when food, shelter, healthcare & education will be guaranteed for everyone, every where. When we get there, then we will be able to say with honesty, that our world is civilized.

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