Booher v. Marion Cnty. & Sheriff Ed Dean

(M.D. Fla., J. Hodges 2007)

Filed on behalf of David Booher, a homeless individual, this suit challenged a county ordinance that was being used by local law enforcement to prohibit homeless individuals from requesting charitable donations for personal use without first obtaining a permit. The permit cost $100, with no fee waiver, and required an individual to wear a “beggar’s badge.” Booher requested and was denied a permit because he had previously been arrested for holding a sign on the side of the roadway asking for help. The suit challenged the ordinance under the First and Fourteenth Amendments and sought injunctive and declaratory relief and damages. Booher spent over 200 days in jail for six different incidents of holding a sign that says, "Homeless Vet God Bless." The court issued an order preliminarily enjoining enforcement of the Marion County ordinance during the pendency of the litigation, and finding that the plaintiff had established a substantial likelihood of success on his claims that the ordinance is facially unconstitutional. The County repealed the ordinance, and a settlement was reached with the County paying damages to the plaintiff. Co-counsel was Legal Advocacy Center of Central Florida.