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
