ST. JOHNS COUNTY, Fla. — Action News Jax is taking a look at a new federal lawsuit against St. Johns County.
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It alleges a county ordinance, which was passed in May of 2023, violates the First Amendment rights of panhandlers.
The lawsuit was filed by Florida-based legal aid organizations Southern Legal Counsel and Florida Justice Institute.
According to the lawsuit, the county ordinance makes it unlawful to use the public rights-of-way on any public road in a manner that “interferes with the safe and efficient movement of people and property.”
“It is very unclear what safe and efficient movement is and what exactly could be considered to interfere with that,” said Chelsea Dunn, an attorney representing three of the plaintiffs listed in the lawsuit.
The lawsuit also states the ordinance provides two examples of prohibited activity.
One is “engaging in any physical interaction” with an occupant of a motor vehicle that is in the traveled portion of certain designated roadways and is not legally parked; and two is “stopping, sitting, standing or remaining in a median” on a designated roadway when a person is not in the process of crossing the road.
The three St. Johns County residents listed as plaintiffs in the lawsuit currently or previously have helped supplement their income through charity along the public streets, often receiving donations of basic necessities, food, water, and money.
Dunn claims the ordinance targets a particular type of speech.
“We know from the legislative history and reviewing recordings of St. Johns county commission meetings that this ordinance was developed and passed for the purpose of suppressing the speech of panhandling,” said Dunn.
And they are asking the court to declare that it is unconstitutional and prohibit the county from enforcing it.
Action News Jax received a statement from St. Johns County:
“We have yet to see the federal lawsuit. All of St Johns County’s ordinances are designed and directed to intentionally provide for and protect the health, safety, and well-being of its community. Our ordinance is not about specific people but about purposeful public safety.”
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