JACKSONVILLE, Fla. – A federal judge heard the case of a South Florida newspaper on Friday morning that is suing the city of Jacksonville over its panhandling ordinance.
The lawsuit against Jacksonville was filed in February.
The Cosac Foundation, Inc., is a non-profit corporation that solicits donations in Jacksonville while distributing “The Homeless Voice,” a newspaper that reports on issues related to homelessness.
READ: Homeless Voice lawsuit against city of Jacksonville | Case management report
Sean Cononie, the founder of the newspaper, says this is not the first time it has sued a city.
Cononie said he wants a preliminary injunction that would block Jacksonville from enforcing the ordinance and allow workers and volunteers to hand out “The Homeless Voice” at major intersections.
Cononie called the city’s ordinance unconstitutional.
“Anytime you interfere with free speech, free press and freedom of religion, it is a slippery slope,” he said.
Cononie said the newspaper, established in 1997, reports on issues related to homelessness and also has shelters in Lake City.
The nonprofit says there are too many requirements to get much needed donations but the city says there is a safer way to do it.
The Jacksonville City Council banned people from hanging out on street corners and asking for money without a permit. The rule went into effect in February 2023. It also prohibits drivers from handing out cash or even bottles of water.
The law was designed to stop pedestrians from slowing down traffic or walking between cars, which had been causing dangerous road conditions.
In court, the two sides argued about the injunction that would reverse the new ordinance until there is a trial.
Mary Margaret Giannini, represented the city of Jacksonville, in court. She said there was proof that soliciting before the ordinance was not safer and data from the Jacksonville Sheriff’s Office shows that accidents have decreased since the new ordinance.
Benjamin Stevenson representing COSAC disagreed.
“The first part that pedestrian car accidents occur along the street is not a surprise, that is where they do occur. The second thing is they do occur but why and what we heard today is that the city did not have a very good explanation because apparently they had not investigated why this is happening,” Stevenson said.
Cononie said the ordinance is not fair and is selective.
“Politicians hold their signs and pass out flyers from corners,” he said. “They can do it. Why can’t we? Homeless people have to eat. Would you rather them go in your car and break into your car in the middle of the night or would you rather them try to earn some money to buy a sandwich?”
The lawsuit points to a specific part of the law that says people can request a permit to ask for money for a three-day period throughout the year and they are allowed to make that request twice a year.
“What makes those three days safer than the other 300-something days left in the year?” Cononie asked. “It is basically to get the panhandlers and the homeless off the corners, hiding the problem that there is a homeless problem in the community. Half of a percent of homeless people want to be homeless. The other 99.5% do not want to be homeless.”
In the ordinance, anyone asking for money without a permit and drivers distributing cash are subject to $250 fines.
News4JAX reported in February on dozens of arrests made and citations issued since the law went into effect, along with hundreds of warnings.
Cononie said he was among those who received warnings several times.
Judge Corrigan will determine if this is a constitutional or unconstitutional case but in the meantime, the ordinance will remain on the books.
It’s unclear when the judge will make a decision on the injunction but even after that, the two sides have to decide whether to seek a summary judgment for the trial for when it’s time to argue the lawsuit.
Cononie said there are also lawsuits pending against Lake City and Columbia County.