Case: Messina v. City of Fort Lauderdale

0:21-cv-60168 | U.S. District Court for the Southern District of Florida

Filed Date: Jan. 25, 2021

Case Ongoing

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Case Summary

This is a case about a challenge to Sections 16-82 and 25-267 of the Fort Lauderdale Code of Ordinances, which prohibited panhandling in a variety of public places. On January 25, 2021, two men, one living in a public shelter and one without a permanent home, filed this lawsuit in the United States District Court for the Southern District of Florida. The plaintiffs sued the City of Fort Lauderdale under 42 U.S.C. § 1983. Represented by both the Florida Justice Institute and private counsel, the…

According to the complaint, both plaintiffs had limited opportunities for full-time employment due to chronic health conditions and relied on donations from others to afford necessities. The plaintiffs claimed that they peacefully panhandled in public places with signs soliciting donations and that sections 16-82 and 25-267, adopted on May 1, 2012, unconstitutionally infringed on their ability to do so. Section 16-82 defined panhandling as “any solicitation made in person requesting an immediate donation of money or other thing of value for oneself or another person or entity,” and forbade panhandling in public places such as bus stops and parks. The statute also prohibited “aggressive panhandling,” which involved continued requests after a negative response or attempts to solicit through physical imposition. Section 25-267 specifically governed “right-of-way solicitors and canvassers,” to include people seeking donations. These provisions outlawed solicitation on “surface and space above and below any real property in which the City has an interest in law or equity.” Both sections imposed penalties of a fine not to exceed $500, imprisonment not to exceed 60 days, or both.

The plaintiffs argued that these regulations chilled protected speech, asserting that panhandling is a form of protected speech under the First Amendment and that they had been deterred from exercising their right because of repeated harassment and arrest threats by Fort Lauderdale Police Department officers. More generally, they alleged that the statutes were enforced primarily against people seeking donations in public places and this constituted an impermissible content-based restriction of speech because other similar forms of speech, such as asking for signatures on a petition or encouraging people to join a religious organization, were permitted. Thus, the plaintiffs argued the restriction was subject to strict scrutiny and that the ordinances were not narrowly tailored to a compelling government interest, nor were they the least restrictive means of advancing any government interest. The plaintiffs further asserted that, even if the restrictions were deemed content-neutral, they would still be unconstitutional because they constituted an unreasonable time, place, and manner restriction. In addition to suing for damages for mental and emotional distress as a result of continued harassment, the plaintiffs sought injunctive relief to prohibit enforcement of the statutes.

The City moved to dismiss the case for lack of subject matter jurisdiction, but the motion was denied on April 13, 2021. The court concluded that the plaintiffs had sufficiently pled standing based on their allegations of police harassment, and their observations of the police arresting other people for panhandling.

Later that year, on June 23, Judge Roy K. Altman granted plaintiffs’ motion for a preliminary injunction. The court determined that the plaintiffs were likely to succeed on their First Amendment claims and that they satisfied the remaining criteria for a preliminary injunction. In particular, the court found that an injunction was in the public interest because the public has “no interest” in enforcing an unconstitutional law that is not tied to any compelling government interest. 546 F.Supp.3d 1227.

After Judge Altman's ruling, the parties entered mediation. The City ultimately conceded that the panhandling ordinance and several provisions of the right-of-way ordinance were unconstitutional. However, it contended that one provision of the latter ordinance was constitutional: the "hand-to-hand transmission" provision, which bars people from "personally hand[ing] to or seek[ing] to transmit by hand or receive by hand anything or service of any kind" to people driving on the city's "arterial" roadways.

The plaintiffs filed a motion for summary judgment on November 19, 2021, as to the city's liability. They sought a permanent injunction and declaratory relief as to all of the ordinances. Judge Altman granted in part and denied in part this motion for summary judgment on August 18, 2022. The court held that the only disputed issue was whether the hand-to-hand transmission provision was constitutional, so it ruled in the plaintiffs' favor as to the panhandling ordinance and the other provisions of the right-of-way ordinance. It therefore permanently enjoined the city from enforcing these other provisions of the right-of-way ordinance.

The City subsequently repealed the panhandling ordinance, and the court dissolved the preliminary injunction against that ordinance on October 14, 2022.

On the issue of the right-of-way ordinance, a bench trial occurred on October 12, 2022. Over a year later, on January 26, 2024, Judge Altman ruled in favor of the plaintiffs. The court held that the plaintiffs had standing to challenge the hand-to-hand transmission provision based on the likelihood that it would be enforced against them in the future. Further, the court found that the City had presented very little pre-enactment evidence about the claimed traffic safety problems the provision was trying to solve. The court concluded that the provision violated the First Amendment because it was not narrowly tailored to a particular governmental interest: specifically, it placed an excessive burden on speech relative to the public safety or traffic regulation interests at issue. As a result, the district court entered final judgment for the plaintiffs and permanently enjoined the City from enforcing the hand-to-hand transmission provision. Because the court had no reasonable way of measuring plaintiffs’ damages, they were awarded only nominal damages of $1.00. 2024 WL 301574.

On February 26, 2024, the City appealed the case to the U.S. Court of Appeals for the Eleventh Circuit (24-10598). As of May 2, 2024, the case is ongoing.

Summary Authors

Jordan Schuler (10/24/2021)

Isabel Hershey (4/5/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/41956468/parties/messina-v-city-of-fort-lauderdale-florida/

Judge(s)

Altman, Roy Kalman (Florida)

Hunt, Patrick M (Florida)

Attorney for Plaintiff

Burke, Michael Thomas (Florida)

McLawrence, F Jahra (Florida)

Attorney for Defendant

Gill, Hudson Carter (Florida)

Judge(s)

Altman, Roy Kalman (Florida)

Hunt, Patrick M (Florida)

Attorney for Plaintiff

Burke, Michael Thomas (Florida)

McLawrence, F Jahra (Florida)

Shlackman, Mara (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Udelsman, Andrew George (Florida)

Attorney for Defendant

Gill, Hudson Carter (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

0:21-cv-60168	Docket [PACER]	Oct. 20, 2021	Oct. 20, 2021 Docket
1 0:21-cv-60168	Verified Complaint for Declaratory and Injunctive Relief and Damages	Jan. 25, 2021	Jan. 25, 2021 Complaint
5 0:21-cv-60168	Motion for Preliminary Injunction and Supporting Memorandum of Law	Jan. 28, 2021	Jan. 28, 2021 Pleading / Motion / Brief
56 0:21-cv-60168	Order	June 23, 2021	June 23, 2021 Order/Opinion 546 F.Supp.3d 1227
97 0:21-cv-60168	Order	Aug. 18, 2022	Aug. 18, 2022 Order/Opinion
112 0:21-cv-60168	Order	Oct. 14, 2022	Oct. 14, 2022 Order/Opinion
123 0:21-cv-60168	Findings of Fact & Conclusions of Law	Jan. 26, 2024	Jan. 26, 2024 Order/Opinion 2024 WL 301574

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Messina v. City of Fort Lauderdale Florida Justice Institute	The Florida Justice Institute (FJI), in partnership with Fort Lauderdale lawyers Mara Shlackman and Frantz J. McLawrence, filed a lawsuit challenging a pair of the City of Fort Lauderdale’s anti-panh…	July 2, 2021	July 2, 2021 https://web.archive.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/41956468/messina-v-city-of-fort-lauderdale-florida/

Last updated June 27, 2026, 6:16 a.m.

ECF Number	Date	Description	Link
1	Jan. 25, 2021	Complaint pursuant to 42 USC 1983 against CITY OF FORT LAUDERDALE, A Florida Municipality,. Filing fee $ 402.00 receipt number AFLSDC-14274425, filed by Mark Messina, Bernard McDonald. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summon(s) Summons)(Taseff, Raymond) (Entered: 01/25/2021) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Summon(s) Summons View on PACER	RECAP
2	Jan. 25, 2021	Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) (Entered: 01/25/2021)	RECAP
3	Jan. 25, 2021	Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)	RECAP
	Jan. 25, 2021	Clerk's Notice of Judge Assignment and Optional Consent
4	Jan. 28, 2021	SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark Messina, Bernard McDonald. City of Fort Lauderdale, Florida served on 1/27/2021, answer due 2/17/2021. (Taseff, Raymond) (Entered: 01/28/2021)	RECAP
5	Jan. 28, 2021	Plaintiff's MOTION for Preliminary Injunction by Mark Messina. (Attachments: # 1 Exhibit Ordinance No. C-12-10, # 2 Exhibit City Code 16-82, # 3 Exhibit Ordinance No. C-14-38, # 4 Exhibit City Code 25-267, # 5 Exhibit Letter to Ft. Lauderdale, # 6 Exhibit Arrest Reports/Citations)(Taseff, Raymond) (Entered: 01/28/2021)	RECAP
6	Jan. 29, 2021	NOTICE of Attorney Appearance by Michael Thomas Burke on behalf of City of Fort Lauderdale, Florida. Attorney Michael Thomas Burke added to party City of Fort Lauderdale, Florida(pty:dft). (Burke, Michael) (Entered: 01/29/2021)	RECAP
7	Jan. 29, 2021	NOTICE of Attorney Appearance by Hudson Carter Gill on behalf of City of Fort Lauderdale, Florida. Attorney Hudson Carter Gill added to party City of Fort Lauderdale, Florida(pty:dft). (Gill, Hudson) (Entered: 01/29/2021)	RECAP
8	Feb. 10, 2021	Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 5 Plaintiff's MOTION for Preliminary Injunction by City of Fort Lauderdale, Florida. (Burke, Michael) (Entered: 02/10/2021)	RECAP
9	Feb. 11, 2021	PAPERLESS ORDER granting 8 the Unopposed Extension of Time. The Defendant shall file a response to 5 the Plaintiffs' Motion for Preliminary Injunction by February 16, 2021. Signed by Judge Roy K. Altman on 2/11/2021. (mpt) (Entered: 02/11/2021)	RECAP
10	Feb. 11, 2021	ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 3/1/2021 Signed by Judge Roy K. Altman on 2/11/2021. See attached document for full details. (pcs) (Entered: 02/11/2021)	RECAP
	Feb. 11, 2021	Order on Motion for Extension of Time to File Response/Reply/Answer
11	Feb. 16, 2021	RESPONSE to Motion re 5 Plaintiff's MOTION for Preliminary Injunction filed by City of Fort Lauderdale, Florida. Replies due by 2/23/2021. (Burke, Michael) (Entered: 02/16/2021)	RECAP
12	Feb. 17, 2021	Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint 42 USC 1983 or Bivens, (Lack of Subject Matter Jurisdiction) by City of Fort Lauderdale, Florida. Responses due by 3/3/2021 (Burke, Michael) (Entered: 02/17/2021)	RECAP
13	Feb. 19, 2021	Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint 42 USC 1983 or Bivens, (Lack of Subject Matter Jurisdiction), 11 Response to Motion for Preliminary Injunction by Bernard McDonald, Mark Messina. (Trevisani, Dante) (Entered: 02/19/2021)	RECAP
14	Feb. 22, 2021	PAPERLESS ORDER granting 13 the Plaintiffs' Unopposed Motion for Extensions of Time. The Plaintiffs shall file a reply to the Defendant's Response to the Motion for Preliminary Injunction by March 9, 2021. The Plaintiffs shall file a response to the Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction by March 9, 2021. Signed by Judge Roy K. Altman on 2/19/2021. (mpt) (Entered: 02/22/2021)	RECAP
	Feb. 22, 2021	Order on Motion for Extension of Time to File Response/Reply/Answer
15	March 1, 2021	Joint MOTION for Extension of Time to File Scheduling Report re 10 Order Requiring Joint Scheduling Report by Mark Messina. Responses due by 3/15/2021 (Taseff, Raymond) (Entered: 03/01/2021)	RECAP
16	March 1, 2021	Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Mark Messina (Taseff, Raymond) (Entered: 03/01/2021)	RECAP
17	March 1, 2021	Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by City of Fort Lauderdale, Florida (Burke, Michael) (Entered: 03/01/2021)	RECAP
18	March 1, 2021	PAPERLESS ORDER granting 15 the Joint Motion for Extension of Time. The Parties shall file their Joint Scheduling Report, in accordance with 10 the Court's Order, by March 5, 2021. Signed by Judge Roy K. Altman on 3/1/2021. (mpt) (Entered: 03/01/2021)	RECAP
	March 2, 2021	Order on Motion for Extension of Time
19	March 5, 2021	Joint SCHEDULING REPORT - Rule 16.1 by Mark Messina (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Taseff, Raymond) (Entered: 03/05/2021)	RECAP
20	March 9, 2021	RESPONSE in Opposition re 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint 42 USC 1983 or Bivens, (Lack of Subject Matter Jurisdiction) filed by Bernard McDonald, Mark Messina. Replies due by 3/16/2021. (Attachments: # 1 Exhibit Notices to Appear and Arrest Documents)(Shlackman, Mara) (Entered: 03/09/2021)	RECAP
21	March 9, 2021	REPLY to Response to Motion re 5 Plaintiff's MOTION for Preliminary Injunction filed by Mark Messina. (Taseff, Raymond) (Entered: 03/09/2021)	RECAP
22	March 15, 2021	Defendant's REPLY to 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint 42 USC 1983 or Bivens, (Lack of Subject Matter Jurisdiction) (IN SUPPORT OF MOTION TO DISMISS) by City of Fort Lauderdale, Florida. (Attachments: # 1 Exhibit Ex. A)(Burke, Michael) (Entered: 03/15/2021)	RECAP
23	March 23, 2021	PAPERLESS ORDER Setting Hearing on Motion 5 Plaintiff's Motion for Preliminary Injunction. Motion Hearing set for 4/1/2021 at 2 p.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. At that time, the Parties shall call (888) 273-3658, using meeting access code 6319427, to attend the hearing. The Parties should contact Chambers immediately, at (954) 769-5470, if they experience any difficulties. Signed by Magistrate Judge Patrick M. Hunt on 3/23/2021. (hhr) (Entered: 03/23/2021)	RECAP
	March 23, 2021	Order Setting Hearing on Motion
24	March 30, 2021	PAPERLESS Order Cancelling Hearing on 5 Plaintiff's Motion for Preliminary Injunction set for 4/1/2021 at 2 p.m. before Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 3/30/2021. (hhr) (Entered: 03/30/2021)	RECAP
25	March 30, 2021	PAPERLESS NOTICE of Hearing: re 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint 42 USC 1983 or Bivens, (Lack of Subject Matter Jurisdiction), 5 Plaintiff's MOTION for Preliminary Injunction Motion Hearing set for 4/8/2021 02:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. The hearing will be held via Zoom videoconference. Meeting ID: 161 2752 2255 Password: 7777. (mpt) (Entered: 03/30/2021)	RECAP
26	March 30, 2021	ORDER re 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint 42 USC 1983 or Bivens, (Lack of Subject Matter Jurisdiction) filed by City of Fort Lauderdale, Florida, 25 Notice re Hearing, 5 Plaintiff's MOTION for Preliminary Injunction filed by Mark Messina (Joint Notice due 4/5/2021). Signed by Judge Roy K. Altman on 3/30/2021. See attached document for full details. (pcs) (Entered: 03/30/2021)	RECAP
	March 30, 2021	Order Setting/Cancelling Hearing
	March 30, 2021	NOTICE of HEARING (or CANCELLATION)
27	April 5, 2021	NOTICE by Mark Messina Joint Notice re Hearing on Plaintiffs' Motion for Preliminary Injunction and Defendant's Motion to Dismiss, Set for April 8, 2021 (Taseff, Raymond) (Entered: 04/05/2021)	RECAP
28	April 7, 2021	PAPERLESS NOTICE of Hearing: re 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint 42 USC 1983 or Bivens, (Lack of Subject Matter Jurisdiction), 5 Plaintiff's MOTION for Preliminary Injunction The Motion Hearing set for 4/8/2021 has been moved to 4/9/2021 at 02:00 PM before Judge Roy K. Altman. Zoom Meeting ID: 161 2752 2255. Password: 7777. (mpt) (Entered: 04/07/2021)	RECAP
	April 7, 2021	NOTICE of HEARING (or CANCELLATION)
29	April 11, 2021	PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Miscellaneous Hearing held on 4/11/2021. Total time in court: 1 hour(s) : 45 minutes. Attorney Appearance(s): Michael Thomas Burke, Raymond J. Taseff, Dante Pasquale Trevisani, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (mpt) (Entered: 04/11/2021)	RECAP
	April 11, 2021	Miscellaneous Hearing
30	April 12, 2021	ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 3/14/2022 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 3/8/2022 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman., Amended Pleadings due by 5/18/2021., Discovery due by 10/5/2021., Expert Discovery due by 10/5/2021., Joinder of Parties due by 5/18/2021., Mediation Deadline 10/19/2021., In Limine Motions due by 2/28/2022., Dispositive Motions due by 11/19/2021., Motions due by 11/19/2021., Pretrial Stipulation due by 2/28/2022.), ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for a ruling on all pre-trial, non-dispositive matters and for all pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 4/12/2021. See attached document for full details. (pcs) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 04/13/2021)	RECAP
31	April 13, 2021	ORDER denying 12 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Roy K. Altman on 4/13/2021. See attached document for full details. (pcs) (Entered: 04/13/2021)	RECAP
32	April 16, 2021	MOTION for Preliminary Injunction Supplemental Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction by Mark Messina. (Taseff, Raymond) (Entered: 04/16/2021)	RECAP
33	April 21, 2021	Unopposed MOTION for Extension of Time for an Extension of Time to File Supplemental Memorandum of Law Regarding Plaintiff's Motion for Preliminary Injunction re 32 MOTION for Preliminary Injunction Supplemental Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction by City of Fort Lauderdale, Florida. Responses due by 5/5/2021 (Burke, Michael) (Entered: 04/21/2021)	RECAP
34	April 22, 2021	PAPERLESS ORDER granting 33 the Defendant's Unopposed Motion for Extension of Time to File Supplemental Memorandum of Law. The Defendant shall file its supplemental brief by April 28, 2021. Signed by Judge Roy K. Altman on 4/22/2021. (mpt) (Entered: 04/22/2021)	RECAP
	April 22, 2021	Order on Motion for Extension of Time
35	April 23, 2021	Defendant City's ANSWER and Affirmative Defenses to Complaint by City of Fort Lauderdale, Florida. (Burke, Michael) (Entered: 04/23/2021)	RECAP
36	April 26, 2021	NOTICE of Change of Address, Email or Law Firm Name by Dante Pasquale Trevisani (Trevisani, Dante) (Entered: 04/26/2021)	RECAP
37	April 27, 2021	CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Dante Pasquale Trevisani re 36 Notice of Change of Address, Email or Law Firm Name. Attorney Dante Pasquale Trevisani has not followed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. Also, each attorney must file their own Notice and follow the instructions to complete the process in Pacer. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 04/27/2021)	RECAP
38	April 27, 2021	NOTICE of Change of Address, Email or Law Firm Name by Raymond J. Taseff (Taseff, Raymond) (Entered: 04/27/2021)	RECAP
	April 27, 2021	Clerk's Notice - Attorney Admissions
39	April 28, 2021	CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Raymond J. Taseff re 38 Notice of Change of Address, Email or Law Firm Name. Attorney Raymond J. Taseff has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 04/28/2021)	RECAP
40	April 28, 2021	RESPONSE to Motion re 5 Plaintiff's MOTION for Preliminary Injunction (SUPPLEMENTAL RESPONSE) filed by City of Fort Lauderdale, Florida. Replies due by 5/5/2021. (Burke, Michael) (Entered: 04/28/2021)	RECAP
	April 28, 2021	Clerk's Notice - Attorney Admissions
41	April 29, 2021	Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 40 Response to Motion by Mark Messina. Responses due by 5/13/2021 (Taseff, Raymond) Modified Relief on 4/29/2021 (ls). (Entered: 04/29/2021)	RECAP
42	April 29, 2021	Clerks Notice to Filer re 41 Unopposed MOTION for Extension of Time to File a Reply . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 04/29/2021)	RECAP
43	April 29, 2021	Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 40 Response to Motion by Mark Messina. (Taseff, Raymond) (Entered: 04/29/2021)	RECAP
	April 29, 2021	Clerks Notice of Docket Correction and Instruction to Filer - Attorney
44	May 2, 2021	PAPERLESS ORDER granting the Plaintiffs' Unopposed Motion for Extension of Time. The Plaintiffs shall file a reply to the Defendant's Response by May 5, 2021. Signed by Judge Roy K. Altman on 4/30/2021. (mpt) (Entered: 05/02/2021)	RECAP
45	May 2, 2021	PAPERLESS ORDER denying as moot 41 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Roy K. Altman on 4/30/2021. (mpt) (Entered: 05/02/2021)	RECAP
	May 2, 2021	Order on Motion for Extension of Time to File Response/Reply/Answer
46	May 4, 2021	Joint MOTION for Extension of Time to File Proposed Order Scheduling Mediation by Mark Messina. Responses due by 5/18/2021 (Taseff, Raymond) (Entered: 05/04/2021)	RECAP
47	May 5, 2021	REPLY to Response to Motion re 5 Plaintiff's MOTION for Preliminary Injunction Reply to Response to Supplemental Memorandum filed by Mark Messina, Bernard McDonald. (Taseff, Raymond) Modified to add additional filer on 5/6/2021 (pcs). (Entered: 05/05/2021)	RECAP
48	May 5, 2021	PAPERLESS ORDER granting 46 the Joint Motion for Extension of Time. The Parties shall select a mediator in accordance with 30 the Scheduling Order by May 14, 2021. Signed by Judge Roy K. Altman on 5/5/2021. (mpt) (Entered: 05/05/2021)	RECAP
49	May 6, 2021	Clerks Notice to Filer re 47 Reply to Response to Motion,. Missing Filer Name(s); ERROR - The filer failed to select all parties indicated on DE # 47 . The correction was made by the Clerk. It is not necessary to refile this document. (pcs) (Entered: 05/06/2021)	RECAP
	May 6, 2021	Order on Motion for Extension of Time
	May 6, 2021	Clerks Notice of Docket Correction and Instruction to Filer - Attorney
50	May 7, 2021	PAPERLESS ORDER denying 32 the Plaintiffs' Supplemental Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction. For the reasons stated at 29 the April 17, 2021 Hearing, the Court will incorporate the filing as a supplemental brief in support of 5 the Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Roy K. Altman on 5/7/2021. (mpt) (Entered: 05/07/2021)	RECAP
	May 7, 2021	Order on Motion for Preliminary Injunction
51	May 14, 2021	Joint MOTION for Extension of Time to File Proposed Order Scheduling Mediation (Second Extension of Time) by Bernard McDonald, Mark Messina. Responses due by 5/28/2021 (Shlackman, Mara) (Entered: 05/14/2021)	RECAP
52	May 17, 2021	NOTICE of Mediation Hearing. Selected/Added Michael Carbo as Mediator. Mediation Hearing set for 10/7/2021 at 1:00 PM. (Salmon, John) (Entered: 05/17/2021)	RECAP
53	May 18, 2021	Clerks Notice to Filer re 52 Notice of Mediator Selection and/or Hearing. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs) (Entered: 05/18/2021)	RECAP
54	May 18, 2021	ORDER Scheduling Mediation before Michael Carbo ( Mediation Hearing set for 10/7/2021 01:00 PM ), denying as moot 51 Joint MOTION for Extension of Time to File Proposed Order Scheduling Mediation (Second Extension of Time) filed by Bernard McDonald, Mark Messina. Signed by Judge Roy K. Altman on 5/17/2021. See attached document for full details. (pcs) (Entered: 05/18/2021)	RECAP
55	May 18, 2021	NOTICE by Mark Messina of Filing of Joint Proposed Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order) (Taseff, Raymond) (Entered: 05/18/2021)	RECAP
	May 18, 2021	Clerks Notice of Docket Correction and Instruction to Filer - Attorney
56	June 23, 2021	ORDER. Signed by Judge Roy K. Altman on 6/23/2021. See attached document for full details. (lbc)	RECAP
57	Sept. 23, 2021	PAPERLESS NOTICE of Hearing: Status Conference set for 10/1/2021 02:00 PM before Judge Roy K. Altman. The hearing will be held via Zoom videoconference. Meeting ID: 161 2752 2255; Passcode: 7777. (mpt) (Entered: 09/23/2021)	RECAP
	Sept. 23, 2021	NOTICE of HEARING (or CANCELLATION)
58	Sept. 24, 2021	PAPERLESS ORDER. The hearing on October 1, 2021 will be held in person in Miami Chambers - 400 North Miami Avenue Courtroom 12-4 Miami, Florida 33128 - and over Zoom. The parties shall file a notice on the docket by September 31, 2021 indicating whether they will attend in person or over Zoom. Signed by Judge Roy K. Altman on 9/24/2021. (mpt) (Entered: 09/24/2021)	RECAP
	Sept. 24, 2021	Administrative Order
59	Sept. 28, 2021	NOTICE by City of Fort Lauderdale, Florida Regarding October 1, 2021 Status Conference (Burke, Michael) (Entered: 09/28/2021)	RECAP
60	Sept. 30, 2021	NOTICE. The hearing on October 1, 2021 at 2:00pm will be held via Zoom video conference. Meeting ID: 161 2752 2255. Passcode: 7777. (mpt) (Entered: 09/30/2021)	RECAP
	Sept. 30, 2021	Notice (Other)
61	Oct. 1, 2021	PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 10/1/2021. Total time in court: 0 hour(s) : 2 minutes. Attorney Appearance(s): Michael Thomas Burke, Raymond J. Taseff, Dante Pasquale Trevisani, Mara Shlackman, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (mpt) (Entered: 10/01/2021)	RECAP
	Oct. 1, 2021	Status Conference
62	Oct. 9, 2021	MEDIATION REPORT by Michael Carbo. Disposition: Adjourned.(Salmon, John) (Entered: 10/09/2021)	RECAP
63	Oct. 18, 2021	Joint MOTION for Extension of Time to Mediate ( Responses due by 11/1/2021), by Mark Messina. (Taseff, Raymond) Modified Text to Reflect One Relief on 10/19/2021 (ls). (Entered: 10/18/2021)	RECAP
64	Oct. 19, 2021	Clerks Notice to Filer re 63 Joint MOTION for Extension of Time to Complete Mediation MOTION for Extension of Time to Mediate . Motion with One Relief Filed as Multiple Reliefs; ERROR - The Filer selected multiple relief events when only one relief was requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 10/19/2021)	RECAP
	Oct. 19, 2021	Clerks Notice of Docket Correction and Instruction to Filer - Attorney
65	Oct. 20, 2021	PAPERLESS ORDER granting 63 the Joint Motion for Extension of Time to Conclude Mediation. The parties shall attend mediation by December 6, 2021. Within three days of the mediation, the parties shall file a joint mediation report with the Court. The report shall indicate whether the case settled (in full or in part), whether it was adjourned, or whether the mediator declared an impasse. Signed by Judge Roy K. Altman on 10/20/2021. (mpt) (Entered: 10/20/2021)	RECAP
	Oct. 20, 2021	Order on Motion for Extension of Time to Mediate
66	Nov. 19, 2021	Statement of: Joint Statement of Undisputed Facts by Mark Messina (Taseff, Raymond) (Entered: 11/19/2021)	RECAP
67	Nov. 19, 2021	Statement of: Plaintiffs' Statement of Material Facts in Support of Plaintiffs' Motion for Summary Judgment as to Liabiility by Mark Messina (Attachments: # 1 Affidavit Second Supplemental Citations, # 2 Supplement City Supplemental Admissions No. 6 and 8)(Taseff, Raymond) (Entered: 11/19/2021)	RECAP
68	Nov. 19, 2021	Plaintiff's MOTION for Summary Judgment as to Liability by Mark Messina. Responses due by 12/3/2021 (Taseff, Raymond) (Entered: 11/19/2021)	RECAP
69	Nov. 24, 2021	MEDIATION REPORT by Michael Carbo. Disposition: Case did not settle.(Salmon, John) (Entered: 11/24/2021)	RECAP
70	Dec. 3, 2021	RESPONSE to Motion re 68 Plaintiff's MOTION for Summary Judgment as to Liability filed by City of Fort Lauderdale, Florida. Replies due by 12/10/2021. (Burke, Michael) (Entered: 12/03/2021)	RECAP
71	Dec. 3, 2021	Statement of: Material Facts by City of Fort Lauderdale, Florida re 68 Plaintiff's MOTION for Summary Judgment as to Liability (Burke, Michael) (Entered: 12/03/2021)	RECAP
72	Dec. 3, 2021	APPENDIX to 68 Plaintiff's MOTION for Summary Judgment as to Liability by City of Fort Lauderdale, Florida (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Burke, Michael) (Entered: 12/03/2021)	RECAP
73	Dec. 6, 2021	Unopposed MOTION for Extension of Time to File a Reply by Mark Messina. Responses due by 12/20/2021 (Taseff, Raymond) (Entered: 12/06/2021)	RECAP
74	Dec. 8, 2021	PAPERLESS ORDER GRANTING 73 the Plaintiffs' Unopposed Motion for an Extension of Time to Reply to 70 the Defendant's Response to the Plaintiffs' Motion for Summary Judgment. The Plaintiffs shall file their Reply by December 30, 2021. Signed by Judge Roy K. Altman on 12/8/2021. (jk01) (Entered: 12/08/2021)	RECAP
	Dec. 8, 2021	Order on Motion for Extension of Time
75	Dec. 30, 2021	Statement of: Plaintiffs' Reply Statement of Facts by Mark Messina (Attachments: # 1 Exhibit Defendant City's Answers to Plaintiffs' First Interrogatories, # 2 Exhibit Defendant City Response to Plaintiffs' First Request for Prduction)(Taseff, Raymond) (Entered: 12/30/2021)	RECAP

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Case Details

State / Territory:

Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Jan. 25, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two men of limited means whose chronic health conditions limited full-time employment opportunities and who relied on donations from panhandling.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Fort Lauderdale

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Southern District of Florida 0:21-cv-60168

U.S. Court of Appeals for the Eleventh Circuit 24-10598

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $1

Issues

General/Misc.:

Poverty/homelessness

Recommended Citation

Case Summary of Messina v. City of Fort Lauderdale, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/18193/ (last updated 4/5/2023).