Decriminalizing Poverty Oliver Klicker Decriminalizing Poverty Oliver Klicker

Booher v. Marion Cnty. & Sheriff Ed Dean

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.

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Decriminalizing Poverty Oliver Klicker Decriminalizing Poverty Oliver Klicker

Chase et al. v. City of Gainesville & Sheriff Stephen Oelrich

Filed on behalf of Judith Chase, Joe Nelson, and Ollen Rogers, three residents of the City of Gainesville who were experiencing homelessness, this suit challenged under the First and Fourteenth Amendments two state statutes and a local ordinance which were being used to prohibit the plaintiffs and other homeless individuals from holding signs asking for help on public sidewalks and streets. The court granted a preliminary injunction against the defendants and made a preliminary finding that the challenged statutes are facially unconstitutional. A settlement was reached in which the court entered a permanent injunction prohibiting enforcement of the statutes and ordinance. The Sheriff and the City also paid damages to the three plaintiffs.

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Jimenez, et al v. City of Daytona Beach

Founders of Spreading the Word Without Saying A Word Ministry were arrested by the Daytona Beach Police Department for trespassing and using Manatee Park without a permit while attempting to minister to people experiencing homelessness through sharing food as an expression of their religious faith.

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Decriminalizing Poverty Oliver Klicker Decriminalizing Poverty Oliver Klicker

Vigue v. Shoar

Peter Vigue, an individual experiencing homelessness and a resident of St. Johns County, filed suit against the Florida Highway Patrol and the St. Johns County Sheriff after he was arrested repeatedly for holding a sign asking for help on the side of a road. He argued that the state statutes were unconstitutional under the First Amendment, Due Process and Equal Protection. We reached a settlement with FHP which agreed to: not enforce either statute in their current versions; issue an official interpretation of the statutes that will make them not violate the First Amendment; train all of its officers; communicate with all other law enforcement in Florida about the new enforcement policy; and recommend a legislative fix. In 2021, the Florida Legislature repealed the unconstitutional portions of the statutes.

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