COURT UPHOLDS ‘NO LODGING’ ORDINANCE

Sarasota, FL: The City of Sarasota’s ‘no lodging’ ordinance is constitutional, Sarasota County Circuit Court Judge Charles Roberts ruled today. The decision affirms the previous ruling of the County Court in this matter. “We appreciate the court upholding our efforts to deal in a legitimate way with a public issue,” said City Manager Michael McNees.

Judge Roberts found: (1) the ordinance provides fair notice of what conduct is forbidden; (2) the ordinance does not give police officers excessive discretion in enforcement; (3) the ordinance does not penalize innocent conduct, such as sleeping outdoors; (4) the ordinance does not criminalize homelessness, in that it penalizes voluntary conduct, not an individual’s status.

Assistant City Attorney Whitney Coyne represented the City of Sarasota. Oral arguments were held on August 18, 2006.

The City Commission passed the ‘no lodging’ ordinance in July 2005 as way to protect and safeguard the homeless.

 

Release Contact: Jan Thornburg, Public Information Officer 941-954-4160
jan.thornburg@sarasotagov.com