COURT UPHOLDS ‘NO LODGING’ ORDINANCE

Sarasota, FL: The constitutionality of the City of Sarasota’s ‘no lodging’ ordinance has been upheld by the Florida Second District Court of Appeal in Lakeland. The City Attorney’s office received notice of the order today. “We’re pleased by the decision of the appellate court,” City Attorney Robert Fournier stated.

The three judge panel did not issue an opinion, rather just a one word order: “denied”. This was the second time the Second DCA was asked to hear the ‘no lodging’ ordinance. The first time was an appeal directly to the Second DCA without appealing to the local Circuit Court. The panel of judges refused. The appeal was then taken to Sarasota County Circuit Court Judge Charles Roberts. In November 2006, Judge Roberts upheld the City’s ‘no lodging’ ordinance stating: (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.

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