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 lawsuit challenged a Pompano Beach city ordinance—Street Solicitation Ordinance § 100.41—that prohibited panhandling on First and Fourteenth Amendment grounds (the plaintiffs sued under 42 U.S.C. 1983). It alleged, first, that the ordinance was a content-based restriction on speech. Secondly, that it was void for vagueness under the Fourteenth Amendment leading to arbitrary enforcement. The sole plaintiff in this case was a life-long Pompano Beach resident who was homeless and was arrested…

This lawsuit challenged a Pompano Beach city ordinance—Street Solicitation Ordinance § 100.41—that prohibited panhandling on First and Fourteenth Amendment grounds (the plaintiffs sued under 42 U.S.C. 1983). It alleged, first, that the ordinance was a content-based restriction on speech. Secondly, that it was void for vagueness under the Fourteenth Amendment leading to arbitrary enforcement. The sole plaintiff in this case was a life-long Pompano Beach resident who was homeless and was arrested pursuant to the challenged ordinance. Represented by the Florida Justice Institute, the plaintiff filed their initial complaint on February 12, 2020 in the U.S. District Court for the Southern District of Florida seeking declaratory and injunctive relief as well as damages. The case was assigned to Judge Roy K. Altman.

On May 1, 2020, the judge denied plaintiff's motion for a preliminary injunction because the city agreed to amend § 100.41 to comply with plaintiff's suit. However, the city also amended the Building or Obstruction on Public Streets, Sidewalks, and Right-of-Way Swale Areas ordinance § 100.35. These actions effectively relocated the challenged conduct from § 100.41 to § 100.35.

The court granted the plaintiff's motion to reopen the case on September 14, 2020. The plaintiff filed their first amended complaint on September 25, 2020. The amended complaint specifically challenged two provisions in § 100.35. The “Median Provision” prohibited sitting or standing on medians that divide three-lane roads and are less than five feet wide, and the “Hand-to-Hand Transmission Ban” prohibited hand-to-hand exchanges between pedestrians and motorists. Similar to the claims in the original complaint, the plaintiff alleged that these statutes constituted unconstitutional content-based restrictions that violated the First and Fourteenth Amendment.

On August 24, 2021, the court ruled on cross motions for summary judgment and plaintiff's motion for a preliminary injunction. 2021 WL 3741646. It granted the defendant's motion for summary judgment regarding injunctive relief as to  the “Hand-to-Hand Transmission Ban” provision because the city had since rescinded it. However, it rejected both parties' motions otherwise. The court explained that neither party had entered sufficient facts into the record to justify summary judgment on such a fact-sensitive inquiry. Under the standard for summary judgment, the plaintiff had not shown that medians were a traditional public forum. Nor had the defendant shown that its median provision was narrowly tailored or provided ample alternatives. The court also dismissed the defendant's argument that McDonald 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. 

This case is on-going.

Summary Authors

Jordan Katz (11/20/2021)

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 None (Florida)

Hunt, Patrick M (Florida)

Attorneys(s) for Plaintiff

McLawrence, F Jahra (Florida)

Shlackman, Mara (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Burke, Michael Thomas (Florida)

Gill, Hudson Carter (Florida)

Judge(s)

Altman, Roy Kalman None (Florida)

Hunt, Patrick M (Florida)

Attorneys(s) for Plaintiff

McLawrence, F Jahra (Florida)

Shlackman, Mara (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Burke, Michael Thomas (Florida)

Gill, Hudson Carter (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

McDonald v. City of Pompano Beach, Florida

Oct. 18, 2021 Docket
1

Verified Complaint

Feb. 12, 2020 Complaint
38

Verified Amended Complaint

McDonald v. City of Pompano Beach, Florida

Sept. 25, 2020 Complaint
121

Order

McDonald v. City of Pompano Beach, Florida

2021 WL 3741646

Aug. 24, 2021 Order/Opinion

Resources

Title Description External URL

McDonald v. City of Pompano Beach

Florida Justice Institute

the Florida Justice Institute (FJI), in partnership with Fort Lauderdale lawyers Mara Shlackman and Frantz J. McLawrence, filed a lawsuit challenging the City of Pompano Beach’s anti-panhandling ordi… July 2, 2021 https://www.floridajusticeinstitute.org/cases/mcdonald-v-city-of-pompano-beach/#:~:text=City%20of%20Pompano%20Beach,-Updated%3A%20July%202&text=the%20Florida%20Justice%20Institute%20(FJI,unconstitutional%20restriction%20of%20free%20speech

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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 RECAP

Clerk's Notice of Judge Assignment and Optional Consent

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 PACER
3

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

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 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 PACER
6

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

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 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 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 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 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 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 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 PACER

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

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 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 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 PACER
16

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

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 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 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 PACER

Order on Motion for Clarification

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 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 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 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 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 PACER

Settlement Conference Hearing terminated per chamber request. (mee)

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)

May 6, 2020 PACER
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 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 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 PACER
29

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

June 11, 2020 PACER
30

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

July 10, 2020 PACER
31

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

Aug. 10, 2020 PACER
32

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

Sept. 11, 2020 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 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 PACER
35

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

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 PACER
37

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

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 RECAP
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 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 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 PACER
42

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

Sept. 28, 2020 PACER
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 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 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 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 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 PACER

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

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 PACER
48

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

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 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 PACER

NOTICE of HEARING (or CANCELLATION)

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 PACER

Status Conference

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 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 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 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 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 PACER

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

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 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 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 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 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 PACER

NOTICE of HEARING (or CANCELLATION)

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 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 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 PACER

Calendar Call

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 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 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 PACER

Evidentiary Hearing

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 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 PACER

Notice of Hearing on Motion

Nov. 19, 2020 PACER

Motion Hearing

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 PACER
71

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

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 PACER
73

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

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 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 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 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 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 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 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 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 PACER

Order on Motion for Extension of Time

Dec. 17, 2020 PACER

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

Dec. 18, 2020 PACER

~Util - Set/Reset Deadlines/Hearings

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 PACER

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Feb. 12, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A life-long resident, who is homeless, of Pompano beach who was arrested and sent to jail for violation of the ordinance.

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Poverty/homelessness

Sidewalks