{"id":7735,"date":"2021-07-26T10:00:09","date_gmt":"2021-07-26T10:00:09","guid":{"rendered":"https:\/\/beta.homelessvoice.org\/?p=7735"},"modified":"2021-07-24T01:23:33","modified_gmt":"2021-07-24T01:23:33","slug":"panhandling-constitutional-rights-and-ocala","status":"publish","type":"post","link":"https:\/\/beta.homelessvoice.org\/?p=7735","title":{"rendered":"Panhandling, Constitutional Rights, and Ocala"},"content":{"rendered":"

Yet another Florida city, Ocala, is being sued over anti-homelessness laws, under what the ACLU is calling \u201cunconstitutional\u201d ordinances, continuing a pattern of criminalization, lawsuits, and repeal.<\/b><\/h2>\n
By Andrew Fraieli<\/em><\/h6>\n

The first amendment guarantees a right to free speech. That speech might be your opinion, or asking for help \u2014 sometimes more specifically, asking for money. This last part is the snag that has kept the lawsuits coming in for many Florida cities over the years, but most recently to the city of Ocala.<\/span><\/p>\n

The American Civil Liberties Union (ACLU) of Florida and Southern Legal Counsel of Gainesville <\/span>filed a joint lawsuit in April against the city<\/span><\/a> for \u201cunconstitutional\u201d <\/span>panhandling laws.<\/span><\/a> But this is far from the first time a Florida city has been sued for similar claims of unconstitutional ordinances harming the unhoused, and it shows a pattern of passing these laws, being sued, and eventually being forced to repeal.<\/span><\/p>\n

According to the ACLU, the current lawsuit\u2019s six plaintiffs \u2014 Roger Luebke, Kimberly Burnham, William Anthony Taylor, Victor Hoyt Cox, Dustin Damico, and Patrick McArdle \u2014 who are currently or formerly homeless, are accusing the city\u2019s panhandling ordinances as being \u201cunlawfully vague,\u201d and criminalizing the unhoused for asking for help.<\/span><\/p>\n

According to lead counsel Chelsea Dunn of Southern Legal Counsel, they\u2019re being \u201cjailed and assessed fines for acts as harmless as asking a stranger for a cigarette.\u201d<\/span><\/p>\n

Specifically, they say the city is infringing on their First and 14th Amendment rights<\/span><\/a> by arresting people based on the content of their speech \u2014 asking for help, when, in other situations, it would be legal \u2014 and a lack of due process.<\/span><\/p>\n

\u201cOcala\u2019s law is not unique, and it is as unconstitutional as other similar ordinances that courts have struck down throughout Florida and throughout this country,\u201d\u00a0 said Jacqueline Azis, a staff attorney with the ACLU of Florida.<\/span><\/p>\n

These past lawsuits that Azis alludes to have been similarly based around the violation of civil rights \u2014 defending panhandling as free speech, as well as accusing cities of cruel and unusual punishment for camping bans and other criminalizing ordinances.\u00a0<\/span><\/p>\n

Fort Lauderdale, for example, was <\/span>sued in 2015<\/span><\/a> by the city\u2019s local Food Not Bombs chapter for an ordinance that restricted sharing food without a permit, and then only within certain bounds \u2014 functionally criminalizing feeding the homeless. <\/span>The lawsuit argued <\/span><\/a>that the ordinance restricts free expression, as Food Not Bombs distributes free food to protest the funding of war over solving hunger, not as charity.<\/span><\/p>\n

The U.S. Court of Appeals for the 11th Circuit <\/span>eventually ruled in 2018<\/span><\/a> that the sharing of food was considered \u201cexpressive conduct\u201d and protected by the First Amendment.<\/span><\/p>\n

The City of Sarasota was also sued in 2015, this time by the ACLU on behalf of several homeless plaintiffs. Separate city ordinances criminalized sleeping outside, which the ACLU said violated the Eighth Amendment\u2019s prohibition on cruel and unusual punishment, and panhandling, which violated the First Amendment\u2019s right to free speech. <\/span>\u00a0According to the ACLU<\/span><\/a>, within the two years before they sued, the city had already \u201cbrought 882 criminal prosecutions against the homeless\u201d for sleeping outside and in public parks after hours.<\/span><\/p>\n

It was not until <\/span>2017 that an agreement was reached in that lawsuit<\/span><\/a>: if no beds are available in the Sarasota Salvation Army \u2014 the only shelter that met the standards set in the lawsuit \u2014 the city cannot enforce the ordinances challenged.<\/span><\/p>\n

Tristia Bauman, an attorney at the National Homelessness Law Center who is not involved in the current Ocala lawsuit, told the Homeless Voice, \u201cThe laws generally being challenged are generally the same.\u201d<\/span><\/p>\n

And, to her point, Fort Lauderdale was sued again in 2015 \u2014 by the ACLU and Southern Legal Counsel \u2014 this time for homeless encampment raids.<\/span><\/p>\n

According to the ACLU<\/span><\/a> press release, in May 2015 Fort Lauderdale city workers came to a homeless encampment with dump trucks and seized and destroyed the belongings of those who weren\u2019t there, or couldn\u2019t pack fast enough. The ACLU and Southern Legal Counsel filed suit the next month saying the raid violated the U.S. constitution\u2019s \u201cprotections against unreasonable seizures of personal property, as well as the guarantee of due process.\u201d\u00a0<\/span><\/p>\n

While the lawsuit was not resolved in court, the city agreed to settle by paying all legal fees and paying $82,020 to the plaintiffs for damages.\u00a0<\/span><\/p>\n

\u201cTaxpayers pay for the process of enacting the law that will not serve the public interest, and to enforce that law, and ending it when it is challenged in court,\u201d says Bauman, referring to these ordinances that continue to be found problematic.\u00a0<\/span><\/p>\n

\u201cWhat\u2019s crazy is the idea that pushing someone from one street corner to the next, or one neighborhood to the next, does anything to address public health and safety, which is usually the purported justification for exacting criminalization strategies or conducting a sweep,\u201d Bauman continued.<\/span><\/p>\n

This year, in 2021, Fort Lauderdale was sued yet again. <\/span>The Florida Justice Institute (FJI)<\/span><\/a>, along with lawyers Mara Shlackman and Frantz J. McLawrence, filed suit against Fort Lauderdale for their panhandling ordinances, calling them \u201can unconstitutional restriction of free speech.\u201d<\/span><\/p>\n

They bring up similar points as the ACLU and Southern Legal Counsel’s lawsuit against Ocala, pointing out that Fort Lauderdale’s panhandling ordinance functionally restricts content of speech by only restricting asking for money or help. As of publishing, there has yet to be a resolution.<\/span><\/p>\n

\n

\u201cTaxpayers pay for the process of enacting the law that will not serve the public interest, and to enforce that law, and ending it when it is challenged in court,\u201d<\/span><\/em><\/h3>\n<\/blockquote>\n

These are all examples of the same laws, criminalizing the homeless in the same ways, repeatedly being challenged across the state.<\/span><\/p>\n

To Bauman and the National Homelessness Law Center, these laws originate from \u201cwholly ineffective…short-term responses\u201d to public complaints on visible homelessness. She says that rather than address the root causes of homelessness, communities push law enforcement to try and make visible homelessness \u201cinvisible, or at least attempt to do so, and that\u2019s why we see all kinds of different forms of punishment.\u201d<\/span><\/p>\n

In 2018, a coalition of advocacy legal groups \u2014 including the ACLU, National Homelessness Law Center, Southern Legal Counsel, Florida Public Defenders Association, and South Florida chapter of the National Lawyers Guild \u2014 even <\/span>warned multiple Florida cities<\/span><\/a> that their panhandling ordinances were illegal.<\/span><\/p>\n

In the ACLU\u2019s press release on the coalition\u2019s warning, they cite the <\/span>2015 Supreme Court decision in Reed v. Town of Gilbert<\/span><\/a>, the basis for their combined effort against panhandling laws. The decision led to the legal basis of panhandling being protected as free speech, and, according to the ACLU, since 2015, \u201c100 percent of lawsuits against cities with panhandling bans have been successful.\u201d<\/span><\/p>\n

\u201cEvery Florida city and county that has an ordinance prohibiting individuals from requesting aid from fellow human beings should immediately stop enforcement and initiate repeal,\u201d said Kirsten Anderson, the director of litigation at Southern Legal Counsel, in the press release. \u201cThis is not a solution to homelessness.\u201d<\/span><\/p>\n

And yet, cities continued to create and enforce these ordinances with varying tactics and strategies. Some of these failed strategies, according to Bauman, \u201c…are tried over and over again, under different laws that are modified.\u201d<\/span>\u00a0<\/span><\/a><\/p>\n

Orlando did exactly this in 2017.<\/span><\/a>\u00a0<\/span><\/p>\n

Before that year, Orlando\u2019s \u201csolicitation\u201d laws restricted panhandling to certain times of days and specific areas on the sidewalk. Then, in 2017, they proactively changed the ordinances so as to keep their panhandling laws, but abide by the understanding of the court\u2019s 2015 decision. Panhandling is legal almost any time and any place now, but still has restrictions such as not being able to solicit from a car at a stop-light.<\/span><\/p>\n

Orlando made their panhandling ordinance less criminalizing, but that is not the point according to Bauman: \u201cNot the point if we\u2019re policy making to solve the problem of homelessness, but it is the point if communities are trying to use the power of the law to chase visibly poor homeless people from the public view. And that\u2019s why they will be amended not to improve the situation, but to legally respond to those complaints.\u201d<\/span><\/p>\n

The current Ocala lawsuit is only one example of this pattern in city ordinances attempting to criminalize the homeless population rather than help.\u00a0<\/span><\/p>\n

The ACLU and Southern Legal Counsel <\/span>give a specific example of tactics used by the city in their lawsuit<\/span><\/a>, describing Ocala \u201cpolice operations targeted at \u2018quality of life\u2019 violations, including panhandling.\u201d Named \u201cOperation Street Sweeper and Operation Innovation,\u201d they lasted a year and had plainclothes officers patrolling \u201cDowntown\u201d and \u201cMidtown\u201d Ocala \u201cto observe ordinance violations such as panhandling.\u201d<\/span><\/p>\n

\u201cAt times, the plainclothes officers would hang out in front of restaurants and smoke a cigarette, to see if people would approach them. One such detail resulted in an arrest for a violation of the current panhandling ordinance after the officer was asked for a cigarette,\u201d says the lawsuit. \u201cAt least two other individuals have been arrested for a violation of the current panhandling ordinance for asking for a cigarette.\u201d<\/span><\/p>\n

When asked about this pattern, Bauman says, \u201cI do see the cycle of punitive approach, push-back, renewed or slightly different approach, occurring all across the country.\u201d She says it could be in the form of simply replacing a court challenged ordinance with a reworded one that still restricts \u201clife-sustaining conduct,\u201d or by just changing the nature of the punishment, like from a criminal offence to a civil offense.<\/span><\/p>\n

\u201cGovernments seek, too often, to abuse their power of regulating public space to exclude disfavored groups from public view. It could be homeless people which it often is, but it can be other groups of people too,\u201d continued Bauman. \u201cHistorically, really, anti-homeless laws are cut from the same cloth as Jim Crow laws, or the sun-down town laws.\u201d<\/span><\/p>\n

\u201cYou know it\u2019s all about keeping disfavored groups from being able to enjoy public space in the same way that the rest of us do.\u201d<\/span><\/p>\n

The Ocala Police Department did not respond to a request for comment on the ongoing lawsuit.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Yet another Florida city, Ocala, is being sued over anti-homelessness laws, under what the ACLU is calling \u201cunconstitutional\u201d ordinances, continuing a pattern of criminalization, lawsuits, and repeal. By<\/p>\n","protected":false},"author":3,"featured_media":7739,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,550,549],"tags":[13,740,805,121,801,125,803,685,802,226,231,241,800,806,804],"class_list":["post-7735","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-homeless-voice-newspaper","category-local","category-news","tag-aclu","tag-central-florida","tag-chelsea-dunn","tag-florida","tag-florida-public-defenders-association","tag-fort-lauderdale","tag-lawsuit","tag-national-homelessness-law-center","tag-national-lawyers-guild","tag-ocala","tag-orlando","tag-panhandling","tag-southern-legal-counsel","tag-tristia-bauman","tag-u-s-court-of-appeals"],"yoast_head":"\nPanhandling, Constitutional Rights, and Ocala - Homeless Voice<\/title>\n<meta name=\"description\" content=\"With a heat advisory for New York City, those experiencing homelessness tell of how they handle the heat\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/beta.homelessvoice.org\/?p=7735\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Panhandling, Constitutional Rights, and Ocala - 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