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 LauderdaleCode 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 plaintiffs have 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. 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 June 23, 2021, 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.

After Judge Altman's ruling, the parties entered mediation. On October 20, 2021, the court granted a joint motion to extend the time to conclude mediation, with the parties agreeing to do so by December 6, 2021.

Summary Authors

Jordan Schuler (10/24/2021)

People

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


Judge(s)

Altman, Roy Kalman None (Florida)

Hunt, Patrick M (Florida)

Attorneys(s) for Plaintiff

Burke, Michael Thomas (Florida)

McLawrence, F Jahra (Florida)

Shlackman, Mara (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Gill, Hudson Carter (Florida)

Judge(s)

Altman, Roy Kalman None (Florida)

Hunt, Patrick M (Florida)

Attorneys(s) for Plaintiff

Burke, Michael Thomas (Florida)

McLawrence, F Jahra (Florida)

Shlackman, Mara (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Gill, Hudson Carter (Florida)

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

2021 WL 2567709

June 23, 2021

June 23, 2021

Order/Opinion

Resources

Docket

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

Last updated Aug. 11, 2022, 3:11 a.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

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
4

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)

Jan. 28, 2021

Jan. 28, 2021

PACER
5

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)

Jan. 28, 2021

Jan. 28, 2021

RECAP
6

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)

Jan. 29, 2021

Jan. 29, 2021

PACER
7

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)

Jan. 29, 2021

Jan. 29, 2021

PACER
8

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)

Feb. 10, 2021

Feb. 10, 2021

PACER
9

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)

Feb. 11, 2021

Feb. 11, 2021

PACER
10

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)

Feb. 11, 2021

Feb. 11, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Feb. 11, 2021

Feb. 11, 2021

PACER
11

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)

Feb. 16, 2021

Feb. 16, 2021

RECAP
12

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)

Feb. 17, 2021

Feb. 17, 2021

PACER
13

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)

Feb. 19, 2021

Feb. 19, 2021

PACER
14

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)

Feb. 22, 2021

Feb. 22, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Feb. 22, 2021

Feb. 22, 2021

PACER
15

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)

March 1, 2021

March 1, 2021

PACER
16

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Mark Messina (Taseff, Raymond) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
17

Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by City of Fort Lauderdale, Florida (Burke, Michael) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
18

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)

March 1, 2021

March 1, 2021

PACER

Order on Motion for Extension of Time

March 2, 2021

March 2, 2021

PACER
19

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)

March 5, 2021

March 5, 2021

PACER
20

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)

March 9, 2021

March 9, 2021

PACER
21

REPLY to Response to Motion re 5 Plaintiff's MOTION for Preliminary Injunction filed by Mark Messina. (Taseff, Raymond) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

RECAP
22

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)

March 15, 2021

March 15, 2021

PACER
23

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)

March 23, 2021

March 23, 2021

PACER

Order Setting Hearing on Motion

March 23, 2021

March 23, 2021

PACER
24

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)

March 30, 2021

March 30, 2021

PACER
25

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)

March 30, 2021

March 30, 2021

PACER
26

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)

March 30, 2021

March 30, 2021

RECAP

Order Setting/Cancelling Hearing

March 30, 2021

March 30, 2021

PACER

NOTICE of HEARING (or CANCELLATION)

March 30, 2021

March 30, 2021

PACER
27

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)

April 5, 2021

April 5, 2021

PACER
28

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)

April 7, 2021

April 7, 2021

PACER

NOTICE of HEARING (or CANCELLATION)

April 7, 2021

April 7, 2021

PACER
29

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)

April 11, 2021

April 11, 2021

PACER

Miscellaneous Hearing

April 11, 2021

April 11, 2021

PACER
30

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)

April 12, 2021

April 12, 2021

PACER
31

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)

April 13, 2021

April 13, 2021

RECAP
32

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)

April 16, 2021

April 16, 2021

PACER
33

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)

April 21, 2021

April 21, 2021

PACER
34

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)

April 22, 2021

April 22, 2021

PACER

Order on Motion for Extension of Time

April 22, 2021

April 22, 2021

PACER
35

Defendant City's ANSWER and Affirmative Defenses to Complaint by City of Fort Lauderdale, Florida. (Burke, Michael) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
36

NOTICE of Change of Address, Email or Law Firm Name by Dante Pasquale Trevisani (Trevisani, Dante) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
37

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)

April 27, 2021

April 27, 2021

PACER
38

NOTICE of Change of Address, Email or Law Firm Name by Raymond J. Taseff (Taseff, Raymond) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER

Clerk's Notice - Attorney Admissions

April 27, 2021

April 27, 2021

PACER
39

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)

April 28, 2021

April 28, 2021

PACER
40

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)

April 28, 2021

April 28, 2021

RECAP

Clerk's Notice - Attorney Admissions

April 28, 2021

April 28, 2021

PACER
41

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)

April 29, 2021

April 29, 2021

PACER
42

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)

April 29, 2021

April 29, 2021

PACER
43

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)

April 29, 2021

April 29, 2021

RECAP

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

April 29, 2021

April 29, 2021

PACER
44

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)

May 2, 2021

May 2, 2021

PACER
45

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)

May 2, 2021

May 2, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

May 2, 2021

May 2, 2021

PACER
46

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)

May 4, 2021

May 4, 2021

PACER
47

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)

May 5, 2021

May 5, 2021

PACER
48

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)

May 5, 2021

May 5, 2021

PACER
49

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)

May 6, 2021

May 6, 2021

PACER

Order on Motion for Extension of Time

May 6, 2021

May 6, 2021

PACER

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

May 6, 2021

May 6, 2021

PACER
50

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)

May 7, 2021

May 7, 2021

PACER

Order on Motion for Preliminary Injunction

May 7, 2021

May 7, 2021

PACER
51

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)

May 14, 2021

May 14, 2021

PACER
52

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)

May 17, 2021

May 17, 2021

PACER
53

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)

May 18, 2021

May 18, 2021

PACER
54

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)

May 18, 2021

May 18, 2021

PACER
55

NOTICE by Mark Messina of Filing of Joint Proposed Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order) (Taseff, Raymond) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

May 18, 2021

May 18, 2021

PACER
56

ORDER. Signed by Judge Roy K. Altman on 6/23/2021. See attached document for full details. (lbc) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

RECAP
57

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)

Sept. 23, 2021

Sept. 23, 2021

PACER

NOTICE of HEARING (or CANCELLATION)

Sept. 23, 2021

Sept. 23, 2021

PACER
58

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)

Sept. 24, 2021

Sept. 24, 2021

PACER

Administrative Order

Sept. 24, 2021

Sept. 24, 2021

PACER
59

NOTICE by City of Fort Lauderdale, Florida Regarding October 1, 2021 Status Conference (Burke, Michael) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
60

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)

Sept. 30, 2021

Sept. 30, 2021

PACER

Notice (Other)

Sept. 30, 2021

Sept. 30, 2021

PACER
61

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)

Oct. 1, 2021

Oct. 1, 2021

PACER

Status Conference

Oct. 1, 2021

Oct. 1, 2021

PACER
62

MEDIATION REPORT by Michael Carbo. Disposition: Adjourned.(Salmon, John) (Entered: 10/09/2021)

Oct. 9, 2021

Oct. 9, 2021

RECAP
63

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)

Oct. 18, 2021

Oct. 18, 2021

PACER
64

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)

Oct. 19, 2021

Oct. 19, 2021

PACER

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

Oct. 19, 2021

Oct. 19, 2021

PACER
65

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)

Oct. 20, 2021

Oct. 20, 2021

PACER

Order on Motion for Extension of Time to Mediate

Oct. 20, 2021

Oct. 20, 2021

PACER
66

Statement of: Joint Statement of Undisputed Facts by Mark Messina (Taseff, Raymond) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
67

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)

Nov. 19, 2021

Nov. 19, 2021

PACER
68

Plaintiff's MOTION for Summary Judgment as to Liability by Mark Messina. Responses due by 12/3/2021 (Taseff, Raymond) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
69

MEDIATION REPORT by Michael Carbo. Disposition: Case did not settle.(Salmon, John) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
70

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)

Dec. 3, 2021

Dec. 3, 2021

PACER
71

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)

Dec. 3, 2021

Dec. 3, 2021

PACER
72

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)

Dec. 3, 2021

Dec. 3, 2021

PACER
73

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)

Dec. 6, 2021

Dec. 6, 2021

PACER
74

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)

Dec. 8, 2021

Dec. 8, 2021

PACER

Order on Motion for Extension of Time

Dec. 8, 2021

Dec. 8, 2021

PACER
75

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)

Dec. 30, 2021

Dec. 30, 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, Florida (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

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Poverty/homelessness

Sidewalks