JACKSONVILLE, Fla. – A judge denied a South Florida newspaper’s request for an injunction to block Jacksonville’s panhandling ordinance.
On Friday, a federal judge heard The Cosac Foundation’s arguments to block Jacksonville from enforcing its ordinance and allow workers and volunteers to hand out “The Homeless Voice” at major intersections.
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The nonprofit argued there are too many requirements to get much-needed donations, but the city said 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.
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The lawsuit against Jacksonville was filed in February.
Sean Cononie, the founder of the newspaper, says this is not the first time it has sued a city, and 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.
READ: Homeless Voice lawsuit against city of Jacksonville | Case management report
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.
Now that the judge has denied the request, both sides have to decide whether to seek a summary judgment for the trial for when it’s time to argue the lawsuit.
They are required to file briefs by June 7 as to how they want to proceed.