US District Court declares Statutes prohibiting unpermitted charitable solicitation on Florida roadways unconstitutional under the First Amendment and issues permanent injunction
A press release issued by the National Homelessness Law Center announced a major First Amendment victory for a client that Katten represented in partnership with the center and the Southern Legal Counsel. According to the press release, the US District Court for the Middle District of Florida has declared Florida Statutes 316.2045 and 337.406 — which prohibit the solicitation of charitable contributions on Florida roadways except by charitable organizations or when a local government permit has been issued — unconstitutional. The client was repeatedly arrested by the St. Johns County Sheriff's Department and the Florida Highway Patrol (FHP) — and spent time in jail for violating these statutes — by holding up signs with "God bless. Be safe." and asking for help along the roadside.
Katten's team was led by Washington, DC Real Estate partner Julia Schmidt, and included former Real Estate associate Schuyler Armstrong and current Structured Finance and Securitization associates MarkAnthony Curtis and Ennis Coble. Katten's team performed legal research, drafted motions and memoranda, assisted with deposition preparation and mooted arguments in support of the Florida trial counsel's efforts.