In St. Johns County, Florida, a controversial ordinance aimed at reducing panhandling is facing strong legal challenges. Enacted in May 2023, officials claim it is meant to protect public safety on roadways. However, a lawsuit filed by Southern Legal Counsel and the Florida Justice Institute argues that the ordinance violates free speech rights under the First Amendment. The legal action was started by three low-income residents who depend on panhandling for support, according to an article by First Coast News.
The disputed ordinance restricts "fails to define 'physical interaction" with vehicle occupants and prohibits "stopping, sitting, standing or remaining in a median" when not crossing the street, as mentioned by First Coast News. However, without showing any evidence that such actions have led to crashes, plaintiffs argue that the ordinance unfairly targets those who are simply holding a sign or quietly asking for help. Since the ordinance was put in place, at least 32 people have received citations, and some have been arrested, according to a statement from the Southern Legal Counsel.
Attorneys for the plaintiffs say St. Johns County's ordinance is unclear and too broad, raising concerns about its legality. Chelsea Dunn, an attorney from the Southern Legal Counsel, mentioned that almost all forms of expression along roads, like leafletting and sign-holding, could be affected. The plaintiffs want the court to recognize these actions as protected by the Constitution and to stop enforcing the ordinance. St. Johns County claims the ordinance is for public safety and does not target any specific group, stating, “Our ordinance is not about specific people but about purposeful public safety.” The case, led by Joseph LaValley, who has received police warnings and citations, as reported by Action News Jax.
This legal challenge in St. Johns County adds to a growing number of disputes over similar laws across Florida. Recent actions by Fort Lauderdale, Daytona Beach, and other cities to repeal or change their anti-panhandling laws show that constitutional issues are becoming more visible.