case studies
Cases by Topic
- Behavioral Services not Baker Act 1
- Discrimination on the Basis of Disability 6
- Discrimination on the Basis of Race 2
- Discrimination on the Basis of Sex Gender Identity and Sexual Orientation 5
- Drivers’ License Suspensions for Municipal Ordinance Violations 1
- Ensuring Due Process 7
- First Amendment 5
- Food Sharing is Not a Crime 2
- Government Accountability & Access to Courts 4
- High Quality Education 4
- Home & Community-based Medicaid Services 13
- Homeless 12
- Juvenile Justice 3
- LGBTQ Rights 3
- Mental Health 5
- Promoting Fairness and Due Process 7
- Property Sweeps 2
- Protecting Freedom of Speech 3
- Right to Ask for Help 3
- Right to Be in Public Places 2
- Sleeping is a Human Need 1
- Students with Disabilities 6
- Transgender Rights 2
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.
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.
Ft. Lauderdale Food Not Bombs, et al. v. City of Ft. Lauderdale
Cities and counties are increasingly restricting sharing food with persons experiencing homelessness in public spaces as a response to the visibility of homelessness, particularly if large groups are gathering in public parks for purposes of sharing a meal together.
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.
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.