Case: White v. City of Miami

1:23-cv-24783 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 18, 2023

Closed Date: Nov. 6, 2024

Clearinghouse coding complete

Case Summary

This case challenged a panhandling ordinance in Miami, Florida on first amendment grounds.  On December 18, 2023, the plaintiff brought this lawsuit in the U.S. District Court for the Southern District of Florida against the city of Miami. The plaintiff was a homeless man in Miami who was previously arrested and cited for panhandling under the city’s ordinance, which banned soliciting donations on public property within the downtown business district of Miami. Seeking declaratory and injunctive…

This case challenged a panhandling ordinance in Miami, Florida on first amendment grounds. 

On December 18, 2023, the plaintiff brought this lawsuit in the U.S. District Court for the Southern District of Florida against the city of Miami. The plaintiff was a homeless man in Miami who was previously arrested and cited for panhandling under the city’s ordinance, which banned soliciting donations on public property within the downtown business district of Miami. Seeking declaratory and injunctive relief, along with compensatory and nominal damages, the plaintiff claimed that Miami’s ordinance violates the First Amendment of the U.S. Constitution both facially and as-applied to him. Specifically, he claimed that the ordinance was a content-based restriction of speech because it singled out the solicitation of donations while allowing other forms of speech in the same area. He also claimed that the ordinance was facially overbroad because it punished protected speech and had a chilling effect. The case was assigned to Judge Federico A. Moreno.

On December 18, 2023, the plaintiff filed a motion for a preliminary injunction. But before the defendant responded, the parties submitted a joint notice of settlement on February 29, 2024. The parties then stipulated to dismissal of the claims, and the court dismissed the case with prejudice on May 9, 2024. The settlement agreement was private, but news reports indicate that the plaintiff received $45,000. The court retained jurisdiction over the matter to enforce the terms of the settlement for 6 months. The case is now closed.

 

Summary Authors

Connor Mulvena (4/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68097776/parties/white-v-city-of-miami/


Judge(s)

Moreno, Federico A. (Florida)

Attorney for Plaintiff

Taseff, Raymond J. (Florida)

Trevisani, Dante Pasquale (Florida)

Attorney for Defendant

Capdevila, Bryan E. (Florida)

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Documents in the Clearinghouse

Document
1

1:23-cv-24783

Verified Complaint

Dec. 18, 2023

Dec. 18, 2023

Complaint
16

1:23-cv-24783

Final Order of Dismissal and Order Denying All Pending Motions As Moot

May 9, 2024

May 9, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68097776/white-v-city-of-miami/

Last updated Aug. 16, 2025, 5:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF MIAMI. Filing fees $ 405.00 receipt number AFLSDC-17152381, filed by Willie White. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Serving City of Miami)(Trevisani, Dante) (Entered: 12/18/2023)

1 Civil Cover Sheet

View on PACER

2 Summon(s) Serving City of Miami

View on PACER

Dec. 18, 2023

Dec. 18, 2023

Clearinghouse

Clerk's Notice of Judge Assignment and Optional Consent

Dec. 18, 2023

Dec. 18, 2023

PACER
2

Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (wce) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
3

Summons Issued as to City of Miami. (wce) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
4

MOTION for Preliminary Injunction by Willie White. (Attachments: # 1 Exhibit 1 - Miami Ordinance 37-8, # 2 Exhibit 2 - State v. Toombs, # 3 Exhibit 3 - Arrest Reports, # 4 Exhibit 4 - May 3, 2023 Arrest Report, # 5 Exhibit 5 - June 7, 2023 Arrest Report)(Trevisani, Dante) (Entered: 12/18/2023)

1 Exhibit 1 - Miami Ordinance 37-8

View on RECAP

2 Exhibit 2 - State v. Toombs

View on PACER

3 Exhibit 3 - Arrest Reports

View on RECAP

4 Exhibit 4 - May 3, 2023 Arrest Report

View on PACER

5 Exhibit 5 - June 7, 2023 Arrest Report

View on PACER

Dec. 18, 2023

Dec. 18, 2023

PACER
5

SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Willie White. City of Miami served on 12/20/2023, response/answer due 1/10/2024. (Trevisani, Dante) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER
6

NOTICE of Attorney Appearance by Bryan E. Capdevila on behalf of City of Miami. Attorney Bryan E. Capdevila added to party City of Miami(pty:dft). (Capdevila, Bryan) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

PACER
7

Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 4 MOTION for Preliminary Injunction by City of Miami. Responses due by 1/18/2024 (Attachments: # 1 Text of Proposed Order)(Capdevila, Bryan) Modified Relief on 1/5/2024 (ls). (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

PACER
8

Clerk's Notice to Filer re 7 Unopposed MOTION for Extension of Time to Respond to the Verified Complaint and Motion for Preliminary Injunctive Relief re 1 Complaint, 4 MOTION for Preliminary Injunction . Filer Selected the Wrong Motion Relief(s); 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: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

PACER

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

Jan. 5, 2024

Jan. 5, 2024

PACER

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

Jan. 5, 2024

Jan. 5, 2024

PACER
9

PAPERLESS ORDER granting 7 Defendant's Unopposed Motion for Extension of Time to File a Response to a Complaint or Other Case Initiating Document. Response due by 1/31/2024. Signed by Judge Federico A. Moreno on 1/5/2024. (dyg) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

PACER
10

Extension of Time to File Response/Reply/Answer

Jan. 29, 2024

Jan. 29, 2024

PACER

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

Jan. 31, 2024

Jan. 31, 2024

PACER
12

Notice of Settlement - aty

Feb. 29, 2024

Feb. 29, 2024

PACER
13

Notice (Other)

May 6, 2024

May 6, 2024

PACER

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

May 7, 2024

May 7, 2024

PACER

Stipulation of Dismissal

May 7, 2024

May 7, 2024

PACER
16

Order Dismissing/Closing Case or Party

May 9, 2024

May 9, 2024

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Dec. 18, 2023

Closing Date: Nov. 6, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A homeless man in Miami, Florida.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Miami, Florida (Dade), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $45,000

Issues

General/Misc.:

Poverty/homelessness