McArdle v. City of Ocala
2021 WL 481015 (M.D. Fla, J. Moody, 2021)
Southern Legal Counsel represented Patrick McArdle, Courtney Ramsey, and Anthony Cummings, three individuals experiencing homelessness who had been repeatedly arrested under the city’s open lodging ordinance that made it a crime for homeless persons to sleep outside. The City also issued trespass warnings, banning them from returning to public parks permanently without providing an opportunity for a hearing. The court ruled that the City violated the Eighth Amendment by arresting persons experiencing homelessness for sleeping outside when no shelter is available. The court enjoined the city from “arresting, citing, or otherwise enforcing the open lodging ordinance against someone identifying as homeless” before inquiring about the availability of shelter space. Relying on SLC’s previous court victory, Catron v. City of St. Petersburg (see below), the court also held that the city’s issuance of trespass warnings for public parks violated procedural due process. The court ordered the City to rescind the trespass warnings against the plaintiffs, and prohibited the city from issuing future trespass warnings for public property without due process of law. SLC co-counseled with the ACLU of Florida and pro bono attorney Andy Pozzuto.
