DAYTONA BEACH, Fla. – A federal judge this week declared Daytona Beach’s ban on panhandling unconstitutional and permanently blocked the city from enforcing the ordinance.
U.S. Judge Wendy Berger released the order Thursday in a partial summary judgment. Berger had temporarily blocked the ordinance in August of 2023.
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The 2019 ordinance made it illegal to beg, demand or request money in certain areas of the city, even if it’s for a charitable donation. Violators can be punished with 60 days in jail, and/or a fine up to $500.
Areas of the city where panhandling was prohibited included sidewalks and medians, bus stops, ATMs, near schools and daycares, and along the Daytona Beach Boardwalk. It also banned “aggressive” panhandling.
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The lawsuit said police had made at least 246 arrests for violating the ordinance.
The lawsuit was brought by four people living in or near Daytona Beach who have panhandled in the city, with one of the plaintiffs having been arrested five times. The plaintiffs said panhandling was a constitutionally protected activity.
Berger, in her ruling, said that while the First Amendment allows for regulations on speech that is requesting to obtain something, like money. However, she said the ordinance was not applied evenhandedly.
“The plain language of the Ordinance at issue in this case circumscribes only solicitations for donations, but not solicitations to patronize a business, attend an event, or support a religious or social cause. Therefore, this is not a case where the government regulates all types of solicitations without regard to topic, subject matter, or viewpoint,” Berger wrote.
Berger said the city of Daytona Beach failed to show that the ordinance could stand up to strict scrutiny based on their concerns about the public health, safety or general welfare of citizens.
The court will now hold a trial in September to resolve what damages will be awarded to the four plaintiffs.
The panhandling ordinance got a national spotlight when a performer known as The Naked Cowboy was arrested during 2021 Bike Week for violating the panhandling ordinance. In 2022, the city agreed to a $90,000 settlement with the performer, named Robert Burck, after Burck sued the city saying the ordinance was unconstitutional.
Daytona Beach Panhandling Ordinance Ruling by Christie Zizo on Scribd
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