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

Clearinghouse coding complete

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…

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 plaintiffs sought declaratory, injunctive, and monetary relief. They claimed that the City’s policies violated their First Amendment rights because the statutes chilled their speech.

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)

show all people

Documents in the Clearinghouse

Document

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

Resources

Docket

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

Last updated March 5, 2024, 5:41 p.m.

ECF Number Description Date Link Date / Link
1

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

Jan. 25, 2021

Jan. 25, 2021

Clearinghouse
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER
1

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

Jan. 25, 2021

Jan. 25, 2021

RECAP
2

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
3

Summons Issued as to City of Fort Lauderdale, Florida. (pcs) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Jan. 25, 2021

Jan. 25, 2021

PACER

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 of Fort Lauderdale (Broward), City

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $1

Order Duration: 2021 - None

Issues

General/Misc.:

Poverty/homelessness