Case: McDonald v. City of Pompano Beach

0:20-cv-60297 | U.S. District Court for the Southern District of Florida

Filed Date: Feb. 12, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This was a challenge to a Pompano Beach city ordinance (“Street Solicitation Ordinance”) that restricted panhandling to specifically regulated hours and locations. On February 12, 2020, a homeless resident filed this lawsuit against the City of Pompano Beach in the U.S. District Court for the Southern District of Florida. The plaintiff sued under 42 U.S.C. § 1983 for violations of his civil rights, referencing his 2018 arrest, under the First and Fourteenth Amendment. Represented by attorneys f…

This was a challenge to a Pompano Beach city ordinance (“Street Solicitation Ordinance”) that restricted panhandling to specifically regulated hours and locations. On February 12, 2020, a homeless resident filed this lawsuit against the City of Pompano Beach in the U.S. District Court for the Southern District of Florida. The plaintiff sued under 42 U.S.C. § 1983 for violations of his civil rights, referencing his 2018 arrest, under the First and Fourteenth Amendment. Represented by attorneys from the Florida Justice Institute, he sought declaratory relief against the ordinance banning street solicitation for donations from vehicle occupants on any portion of public streets, an injunction against its enforcement, damages, and attorneys’ fees. The case was originally assigned to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. 

First, the plaintiff alleged his First and Fourteenth Amendment rights, the latter under the Due Process Clause, were violated by the city’s enforcement of the “Street Solicitation Ordinance.” In 2018, the plaintiff was arrested and sentenced for panhandling on a roadway shoulder and failing to wear a required safety visibility vest. He alleged that his arrest for violating the ordinance had a chilling effect on the exercise of his First Amendment rights in the city, because the overbroad restriction deterred him from continuing to engage in the legally protected expression of soliciting donations. The plaintiff alleged that the Ordinance was a content-based restriction on speech and void for vagueness.

On the same day as filing his complaint, the plaintiff also filed a Motion for Preliminary Injunction, requesting that the court enjoin the City from enforcing the ordinance. Two months later on April 30, 2020, the court denied the motion as moot after ordering that the City prove it was in the process of amending the ordinance and would cease enforcement in the meantime. On June 23, 2020, the City amended the ordinance but also enacted a new ordinance with two subsections. The “Median Provision” prohibited sitting or standing on road medians under five feet wide, while the “Hand-to-Hand Transmission Ban” prohibited direct exchanges between pedestrians and motorists. Essentially, this new ordinance effectively relocated the challenged provision to a different place in the code.

The court granted the plaintiff's motion to reopen the case on September 14, 2020. On September 25, the plaintiff filed an amended complaint over the new ordinance and its two subsections, suing again under 42 U.S.C. § 1983 for violation of his First and Fourteenth Amendment rights, the latter under the Due Process Clause. Similar to his claims in the original complaint, the plaintiff alleged that his 2018 arrest under the old ordinance, combined with the Median Provision and Hand-to-Hand Transmission Bans of the new ordinance, chilled his willingness to engage in protected speech. The plaintiff sought declaratory relief against the ordinance subsections, an injunction against its enforcement, damages, and attorneys’ fees. 

Shortly after on September 28, 2020, the plaintiff filed a Second Motion for Preliminary Injunction, requesting that the court enjoin the City from enforcing both subsections of the new ordinance. In its Answer, the City stated that the Hand-to-Hand Transmission Ban was currently being removed from the new ordinance and claimed it had originally been inadvertently included. On October 27, 2020, the City repealed the Hand-to-Hand Transmission Ban. One month later, on November 20, 2020, the court dismissed sections of the plaintiff’s Amended Complaint relating to the old ordinance and deferred its ruling on the Second Motion for Preliminary Injunction regarding the new ordinance. The parties also agreed to waive their rights to a jury trial, allowing for an expedited bench trial. 

The plaintiff filed a Partial Motion for Summary Judgment on December 14, 2020 and the City a cross-motion on March 17, 2021. On August 24, 2021, the court granted in part and denied in part the City’s Motion for Summary Judgment. The judge denied both parties’ motions regarding the Median Provision because fact-intensive questions remained unanswered—specifically, whether the challenged street medians qualified for traditional-public-forum status. On the plaintiff’s cross-motion for Summary Judgment and Second Motion for Preliminary Judgment, the judge found the challenge to Hand-to-Hand Transmission Ban moot, because the subsection had been repealed by the City last November. The court also dismissed the defendant's argument that the plaintiff could not bring an as-applied challenge to these provisions since they had not been enforced against him. According to the court, pre-enforcement challenges may nonetheless confer standing. 556 F.Supp.3d 1334.

On October 11, 2022, the judge held a bench trial on the Median Provision. This case was administratively closed without prejudice on October 31, 2022, pending the judge’s decision. As of November 2023, the judge had not yet issued his ruling.

Summary Authors

Jordan Katz (11/20/2021)

Avery Coombe (11/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16836338/parties/mcdonald-v-city-of-pompano-beach-florida/


Judge(s)

Altman, Roy Kalman (Florida)

Hunt, Patrick M (Florida)

Attorney for Plaintiff

McLawrence, F Jahra (Florida)

Attorney for Defendant

Burke, Michael Thomas (Florida)

Gill, Hudson Carter (Florida)

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Documents in the Clearinghouse

Document

0:20-cv-60297

Docket [PACER]

McDonald v. City of Pompano Beach, Florida

Oct. 18, 2021

Oct. 18, 2021

Docket
1

0:20-cv-60297

Verified Complaint

Feb. 12, 2020

Feb. 12, 2020

Complaint
24

0:20-cv-60297

Order

May 1, 2020

May 1, 2020

Order/Opinion
38

0:20-cv-60297

Verified Amended Complaint

McDonald v. City of Pompano Beach, Florida

Sept. 25, 2020

Sept. 25, 2020

Complaint
42

0:20-cv-60297

Second Motion for Preliminary Injunction and Supporting Memorandum of Law

Sept. 28, 2020

Sept. 28, 2020

Pleading / Motion / Brief
121

0:20-cv-60297

Order

McDonald v. City of Pompano Beach, Florida

Aug. 24, 2021

Aug. 24, 2021

Order/Opinion

556 F.Supp.3d 556

162

0:20-cv-60297

Order

Oct. 12, 2022

Oct. 12, 2022

Order/Opinion
167

0:20-cv-60297

Order

Oct. 31, 2022

Oct. 31, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16836338/mcdonald-v-city-of-pompano-beach-florida/

Last updated March 15, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified against City of Pompano Beach, Florida. Filing fees $ 400.00 receipt number AFLSDC-12440003, filed by Bernard McDonald. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Taseff, Raymond) (Entered: 02/12/2020)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

Feb. 12, 2020

Feb. 12, 2020

Clearinghouse

Clerk's Notice of Judge Assignment and Optional Consent

Feb. 12, 2020

Feb. 12, 2020

PACER
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. (mee) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
3

Summons Issued as to City of Pompano Beach, Florida. (mee) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
4

MOTION for Preliminary Injunction and Supporting Memorandum of Law by Bernard McDonald. (Attachments: # 1 Exhibit Ordinance, # 2 Exhibit Pompano Beach Arrest Forms, # 3 Exhibit McDonald Arrest Report)(Taseff, Raymond) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
5

NOTICE of Filing Proposed Summons(es) on City of Pompano Beach, Florida by serving: Mayor Rex Hardin by Bernard McDonald (Taseff, Raymond) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
6

Summons Issued as to City of Pompano Beach, Florida. (cbr) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
7

SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernard McDonald. City of Pompano Beach, Florida served on 3/3/2020, answer due 3/24/2020. (Taseff, Raymond) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
8

RESPONSE to Motion re 4 MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by City of Pompano Beach, Florida. Attorney Michael Thomas Burke added to party City of Pompano Beach, Florida(pty:dft). Replies due by 3/24/2020. (Attachments: # 1 Exhibit Ex. A)(Burke, Michael) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
9

Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 8 Response to Motion by Bernard McDonald. Responses due by 4/1/2020 (Attachments: # 1 Text of Proposed Order)(Taseff, Raymond) Modified Relief on 3/19/2020 (ls). (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
10

Corrected Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 9 Response to Motion by Bernard McDonald. Responses due by 4/2/2020 (Attachments: # 1 Text of Proposed Order)(Taseff, Raymond) Modified Relief on 3/19/2020 (ls). (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
11

Clerks Notice to Filer re 9 Agreed MOTION for Extension of Time to File 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: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
12

Clerks Notice to Filer re 10 Agreed MOTION for Extension of Time Corrected Agreed Motion for an Extension 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: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
13

PAPERLESS ORDER granting 10 the Plaintiff's Corrected Unopposed Motion for Extension of Time; denying as moot 9 the Plaintiff's Unopposed Motion for Extension of Time. The Plaintiff may file a reply in support of 4 his Motion for Preliminary Injunction on or before April 3, 2020. Signed by Judge Roy K. Altman on 3/24/2020. (jrf) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER

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

March 24, 2020

March 24, 2020

PACER

Set/Reset Deadlines/Hearings as to 4 MOTION for Preliminary Injunction and Supporting Memorandum of Law. Replies due by 4/3/2020. (cbr)

March 24, 2020

March 24, 2020

PACER
14

Defendant City of Pompano Beach's ANSWER and Affirmative Defenses to Complaint by City of Pompano Beach, Florida. (Burke, Michael) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
15

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Bernard McDonald. (Attachments: # 1 Affidavit Declaration of Bernard McDonald)(Taseff, Raymond) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
16

Notice of Supplemental Authority by City of Pompano Beach, Florida (Attachments: # 1 Exhibit Ex. A) (Burke, Michael) (Entered: 04/06/2020)

1 Exhibit Ex. A

View on PACER

April 6, 2020

April 6, 2020

PACER
17

PAPERLESS NOTICE of Hearing: re 4 MOTION for Preliminary Injunction Telephonic Motion Hearing set for 4/29/2020 at 10:00 AM in Fort Lauderdale Division before Judge Roy K. Altman. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline (unless counsel is at home without access to a landline). (jrf) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
18

NOTICE of Attorney Appearance by Hudson Carter Gill on behalf of City of Pompano Beach, Florida. Attorney Hudson Carter Gill added to party City of Pompano Beach, Florida(pty:dft). (Gill, Hudson) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
19

MOTION for clarification of the Nature of Upcoming Hearing by Bernard McDonald. Responses due by 5/11/2020 (Taseff, Raymond) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Order on Motion for Clarification

April 27, 2020

April 27, 2020

PACER
20

PAPERLESS ORDER granting 19 Motion for Clarification. If the parties do not intend to introduce evidence at the hearing on the 4 Motion for Preliminary Injunction, the Court will hear oral argument, as scheduled, on April 29, 2020 at 10:00 AM. If any party intends to introduce evidence, either in the form of witness testimony or documentary exhibits, the parties must notify the Court by April 28, 2020 at 12:00 PM. In that case, the Court will re-set the hearing for a video hearing for another date. In either case, the Plaintiff, Bernard McDonald, shall not be required to personally appear through phone, video, or otherwise. Signed by Judge Roy K. Altman on 4/27/2020. (bsy) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
21

NOTICE by City of Pompano Beach, Florida Regarding Hearing on Plaintiff's Motion for Preliminary Injunction (Burke, Michael) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
22

PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** re 4 MOTION for Preliminary Injunction and Supporting Memorandum of Law. Telephonic Motion Hearing re-set for 4/29/2020 at 03:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. The Court will hear oral argument at that time. The parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline (unless counsel is at home without access to a landline). (bsy) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
23

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Motion Hearing held on 4/29/2020 re 4 MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Bernard McDonald. Total time in court: 1 hour(s). 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. (bsy) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
24

ORDER, denying 4 Motion for Preliminary Injunction. Telephonic Settlement Conference set for 5/6/2020 at 05:00 PM. Signed by Judge Roy K. Altman on 4/30/2020. See attached document for full details. (mee) (Entered: 05/03/2020)

May 1, 2020

May 1, 2020

Clearinghouse

Settlement Conference Hearing terminated per chamber request. (mee)

May 1, 2020

May 1, 2020

PACER
25

NOTICE of Compliance by City of Pompano Beach, Florida re 24 Order on Motion for Preliminary Injunction (Attachments: # 1 Exhibit Ex. A) (Burke, Michael) (Entered: 05/06/2020)

1 Exhibit Ex. A

View on RECAP

May 6, 2020

May 6, 2020

RECAP
26

PAPERLESS NOTICE of Hearing: Telephonic Status Conference set for 5/12/2020 03:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. The parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline (unless counsel is at home without access to a landline). (bsy) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
27

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Telephonic Status Conference held on 5/12/2020. Total time in court: 30 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. (bsy) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
28

ORDER ADMINISTRATIVELY CLOSING CASE. Closing Case. Signed by Judge Roy K. Altman on 5/12/2020. See attached document for full details. (mee) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

RECAP
29

STATUS REPORT Joint Status Report by Bernard McDonald (Taseff, Raymond) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
30

STATUS REPORT Monthly Joint Status Report by Bernard McDonald (Taseff, Raymond) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
31

STATUS REPORT Monthly Joint Status Report by Bernard McDonald (Taseff, Raymond) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
32

STATUS REPORT Monthly Joint Status Report by Bernard McDonald (Taseff, Raymond) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
33

Plaintiff's MOTION Reopen the Case by Bernard McDonald. (Taseff, Raymond) Modified to correct relief on 9/15/2020 (cbr). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
34

ORDER, granting 33 Motion to Reopen Case. By September 17, 2020, the parties shall jointly file a brief Notice explaining their efforts to resolve this dispute. Signed by Judge Roy K. Altman on 9/15/2020. See attached document for full details. (mee) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
35

NOTICE by Bernard McDonald (Taseff, Raymond) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
36

ORDER. Telephonic Status Conference set for 9/28/2020 at 02:30 PM before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 9/18/2020. See attached document for full details. (mee) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
37

NOTICE by Bernard McDonald Notice of Partial Settlement (Taseff, Raymond) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
38

MDL AMENDED COMPLAINT Verified Amended Complaint against City of Pompano Beach, Florida, filed by Bernard McDonald. (Attachments: # 1 Exhibit Ordinance 20-60/Amendment to Sec. 100.41, # 2 Exhibit Ordinance 20-59/Amendment to Sec. 100.35, # 3 Exhibit LIst: City Intersections & Occurrences)(Taseff, Raymond) (Entered: 09/25/2020)

1 Exhibit Ordinance 20-60/Amendment to Sec. 100.41

View on RECAP

2 Exhibit Ordinance 20-59/Amendment to Sec. 100.35

View on RECAP

3 Exhibit LIst: City Intersections & Occurrences

View on RECAP

Sept. 25, 2020

Sept. 25, 2020

Clearinghouse
40

Clerks Notice to Filer re 38 MDL Amended Complaint,. Wrong Event (s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. See d.e. 41 . It is not necessary to refile this document but future motions filed must include applicable reliefs. Event Modified on 9/28/2020 (mee). Modified on 9/28/2020 (mee). (Entered: 09/28/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
41

AMENDED COMPLAINT against City of Pompano Beach, Florida, filed by Bernard McDonald. See d.e. 38 for image.(mee) (Entered: 09/28/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
39

PAPERLESS NOTICE Rescheduling Hearing: Telephonic Status Conference re-set for 10/2/2020 11:00 AM in Fort Lauderdale Division before Judge Roy K. Altman. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the# symbol. (bsy) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER
42

Second MOTION for Preliminary Injunction and Supporting Memorandum of Law by Bernard McDonald. (Taseff, Raymond) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

Clearinghouse
43

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 10/2/2020. Total time in court: 30 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. (bsy) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
44

ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements due by 10/13/2020. Signed by Judge Roy K. Altman on 10/5/2020. See attached document for full details. (mee) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
45

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law, 38 MDL Amended Complaint, by City of Pompano Beach, Florida. (Burke, Michael) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
46

PAPERLESS ORDER granting 45 Motion for Extension of Time. The Defendant shall respond to the Complaint and the Motion for Preliminary Injunction by October 20, 2020. Signed by Judge Roy K. Altman on 10/5/2020. (bsy) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER

Set/Reset Deadlines/Hearings as to 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law.( Responses due by 10/20/2020), Set/Reset Answer Due Deadline: City of Pompano Beach, Florida response due 10/20/2020. per DE 16 (cbr)

Oct. 5, 2020

Oct. 5, 2020

PACER

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

Oct. 6, 2020

Oct. 6, 2020

PACER
47

Joint SCHEDULING REPORT - Rule 16.1 by Bernard McDonald (Attachments: # 1 Text of Proposed Order Scheduling Order)(Trevisani, Dante) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
48

Plaintiff's Certificate of Other Affiliates by Bernard McDonald (Trevisani, Dante) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
49

Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by City of Pompano Beach, Florida (Burke, Michael) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
50

PAPERLESS NOTICE of Hearing: Telephonic Status Conference set for 10/16/2020 11:30 AM in Fort Lauderdale Division before Judge Roy K. Altman. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. (bsy) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER

NOTICE of HEARING (or CANCELLATION)

Oct. 13, 2020

Oct. 13, 2020

PACER
51

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 10/16/2020. Total time in court: 20 minutes. Attorney Appearance(s): Hudson Carter Gill, Dante Pasquale Trevisani, Mara Shlackman, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (bsy) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER

Status Conference

Oct. 16, 2020

Oct. 16, 2020

PACER
52

RESPONSE to Motion re 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by City of Pompano Beach, Florida. Replies due by 10/27/2020. (Attachments: # 1 Exhibit Ex. A)(Gill, Hudson) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
53

Defendant City of Pompano Beach's ANSWER and Affirmative Defenses to Complaint (Verified Amended Complaint) by City of Pompano Beach, Florida. (Gill, Hudson) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
54

SCHEDULING ORDER: ( Jury Trial set for 6/21/2021 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 6/15/2021 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman., Amended Pleadings due by 12/3/2020., Discovery due by 2/23/2021., Expert Discovery due by 2/23/2021., Fact Discovery due by 2/23/2021., Joinder of Parties due by 12/3/2020., Mediation Deadline 3/9/2021., In Limine Motions due by 6/7/2021., Dispositive Motions due by 3/17/2021., Motions due by 3/17/2021., Pretrial Stipulation due by 6/7/2021.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/9/2021.), ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for all pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 10/21/2020. See attached document for full details. (mee) (Entered: 10/22/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
55

Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Bernard McDonald. (Taseff, Raymond) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
56

PAPERLESS ORDER granting 55 the Plaintiff's Unopposed MOTION for Extension of Time to File a Reply To Defendant's Response to Plaintiff's Second Motion for a Preliminary Injunction. The Plaintiff shall file his reply on or before October 30, 2020. Signed by Judge Roy K. Altman on 10/23/2020. (mpt) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER

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

Oct. 23, 2020

Oct. 23, 2020

PACER
57

REPLY to Response to Motion re 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Bernard McDonald. (Attachments: # 1 Affidavit Declaration of Bernard McDonald)(Taseff, Raymond) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
58

NOTICE by Bernard McDonald re 57 Reply to Response to Motion (Notice of Correction) (Shlackman, Mara) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
59

ORDER, re 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Bernard McDonald, as to 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law.By Friday, November 6, 2020, the Parties shall file a joint notice with the Court indicating whether they agree that an evidentiary hearing is necessary. Telephonic Calendar Call set for 11/16/2020 at 01:30 PM before Judge Roy K. Altman. Evidentiary Hearing set for 11/18/2020 at 10:00 AM via Zoom (with instructions to follow) before Judge Roy K. Altman Signed by Judge Roy K. Altman on 11/3/2020. See attached document for full details. (mee) (Entered: 11/04/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
60

NOTICE by Bernard McDonald Joint Notice Regarding Evidentiary Hearing on Plaintiff's Second Motion for a Preliminary Injunction (Taseff, Raymond) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
61

PAPERLESS NOTICE of Hearing: re 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law. Calendar Call set for 11/16/2020 01:30 PM before Judge Roy K. Altman. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not use speakerphone functionality during the hearing and should use a landline if possible. Evidentiary Hearing set for 11/18/2020 10:00 AM before Judge Roy K. Altman. Videoconference (Zoom) instructions will follow. (mpt) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER

NOTICE of HEARING (or CANCELLATION)

Nov. 6, 2020

Nov. 6, 2020

PACER
62

NOTICE of Mediator Selection and Hearing. Selected/Added Shelley H. Leinicke as Mediator. Mediation Hearing set for 3/2/2021 at 2:00 p.m.. (mee) (Entered: 11/13/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
63

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Calendar Call held on 11/16/2020. Total time in court: 0 hour(s) : 15 minutes. Attorney Appearance(s): Hudson Carter Gill, Raymond J. Taseff, Dante Pasquale Trevisani, Mara Shlackman, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (mpt) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
64

ORDER SCHEDULING MEDIATION. Mediation Hearing set for 3/2/2021 at 02:00 PM via videoconferencing service before Shelley H. Leinicke Signed by Judge Roy K. Altman on 11/16/2020. See attached document for full details. (mee) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER

Calendar Call

Nov. 16, 2020

Nov. 16, 2020

PACER
65

NOTICE by Bernard McDonald of Filing Joint Exhibit List (Attachments: # 1 Joint Exhibit List) (Shlackman, Mara) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
66

NOTICE by City of Pompano Beach, Florida Notice of Filing Exhibits for Evidentiary Hearing (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Gill, Hudson) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
67

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Evidentiary Hearing held on 11/18/2020 Witness Bernard McDonald testified. Total time in court: 1 hour(s) : 45 minutes. Attorney Appearance(s): Hudson Carter Gill, F. Jahra McLawrence, Raymond J. Taseff, Dante Pasquale Trevisani, Mara Shlackman, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (mpt) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER

Evidentiary Hearing

Nov. 18, 2020

Nov. 18, 2020

PACER
68

NOTICE of Hearing on Motion 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law : Telephonic Motion Hearing set for 11/19/2020 04:45 PM before Judge Roy K. Altman. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline. (mpt) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER
69

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Motion Hearing held on 11/19/2020 re 42 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Bernard McDonald. Total time in court: 0 hour(s) : 20 minutes. Attorney Appearance(s): Hudson Carter Gill, Raymond J. Taseff, Dante Pasquale Trevisani, Mara Shlackman, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (mpt) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER

Notice of Hearing on Motion

Nov. 19, 2020

Nov. 19, 2020

PACER

Motion Hearing

Nov. 19, 2020

Nov. 19, 2020

PACER
70

NOTICE of Voluntary Dismissal of Counts 1 and 2 by Bernard McDonald (Trevisani, Dante) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
71

STIPULATION as to Waiver of Jury Trial by Bernard McDonald (Taseff, Raymond) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
72

ORDER, deferring ruling on 42 Motion for Preliminary Injunction. By December 4, 2020, the Parties shall file a joint proposed scheduling order, as required by Local Rule 16.1. Signed by Judge Roy K. Altman on 11/23/2020. See attached document for full details. (mee) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

RECAP
73

Joint SCHEDULING REPORT - Rule 16.1 by Bernard McDonald (Taseff, Raymond) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
74

AMENDED SCHEDULING ORDER: Discovery due by 3/1/2021. Expert Discovery due by 3/1/2021. Fact Discovery due by 3/1/2021. Signed by Judge Roy K. Altman on 12/8/2020. See attached document for full details. (mee) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
75

NOTICE by Bernard McDonald of Filing Exhibits in Support of Plaintiff's Motion for Partial Summary Judgment as to Count III of the Verified Amended Complaint (Attachments: # 1 Exhibit City Legistar Report, # 2 Exhibit FHSMV 2018 Report, # 3 Exhibit Certified Ord. 2021-21 (100.35)) (Taseff, Raymond) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
76

Statement of: Plaintiff's Statement of Material Undisputed Facts in Support of Plaintiff's Motion for Partial Summary Judgment as to Count III of the Verified Amended Complaint by Bernard McDonald (Taseff, Raymond) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
77

Plaintiff's MOTION for Partial Summary Judgment as to Count III of the Verified Amended Complaint by Bernard McDonald. Responses due by 12/28/2020 (Taseff, Raymond) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
78

Unopposed MOTION for Extension of Time to file Motion for Partial Attorneys' Fees and Costs by Bernard McDonald. Responses due by 12/30/2020 (Trevisani, Dante) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
79

Unopposed MOTION for Extension of Time Response to Motion for Partial Summary Judgement as to Count III by City of Pompano Beach, Florida. Responses due by 12/31/2020 (Attachments: # 1 Text of Proposed Order Proposed Order)(Gill, Hudson) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
80

PAPERLESS ORDER granting 78 the Plaintiff's Unopposed Motion for Extension of Time. The Plaintiff shall file a motion for partial attorneys' fees and costs by February 19, 2021 and serve a draft copy on the Defendant under Local Rule 7.3(b) by January 19, 2021. Signed by Judge Roy K. Altman on 12/17/2020. (mpt) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
81

PAPERLESS ORDER granting 79 the Defendant's Unopposed Motion for Extension of Time. The Defendant shall respond to 77 the Plaintiff's Partial Motion for Summary Judgment by January 18, 2021. Signed by Judge Roy K. Altman on 12/17/2020. (mpt) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

Order on Motion for Extension of Time

Dec. 17, 2020

Dec. 17, 2020

PACER

Reset Deadlines Per DE#81. Responses due by 1/18/2021 (cqs)

Dec. 18, 2020

Dec. 18, 2020

PACER

~Util - Set/Reset Deadlines/Hearings

Dec. 18, 2020

Dec. 18, 2020

PACER
82

RESPONSE in Opposition re 77 Plaintiff's MOTION for Partial Summary Judgment as to Count III of the Verified Amended Complaint filed by City of Pompano Beach, Florida. Replies due by 1/26/2021. (Gill, Hudson) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Feb. 12, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A homeless, life-long resident of Pompano Beach who was arrested and jailed for violation of the "Street Solicitation" ordinance in 2018.

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 Pompano Beach (Pompano Beach, 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):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General/Misc.:

Poverty/homelessness

Disability and Disability Rights:

Sidewalks