JACKSONVILLE — A federal court has enjoined the St. Johns County sheriff and the director of the Florida Highway Patrol from enforcing a Florida statute regarding solicitation on public streets against a St. Augustine homeless man who alleges violation of his First Amendment rights.
According to the U.S. District Court for the Middle District of Florida Jacksonville Division filing, https://jnswire.s3.amazonaws.com/jns-media/b6/5f/1287774/047120098601.pdf plaintiff, Peter Vigue petitioned the court for a preliminary injunction against defendants David B. Shoar, in his official capacity as sheriff for St. Johns County and Gene Spaulding, in his official capacity as director of the Florida Highway Patrol.
Vigue filed the injunction after being cited and arrested on multiple occasions for standing on public sidewalks, medians or shoulders of public streets holding a sign that says "Please Care God Bless Love" or signs with "similar messages," according to the court filing. Although Vigue is cited for violation of the Florida Statues 316.2045 "Obstruction of public streets, highways and roads," he argued he does not "intend to obstruct or otherwise interfere with traffic." Vigue also alleges he only goes into the road if traffic is stopped.
Vigue argues the statues are "content-based, over broad, vague and a prior restraint on speech" and that the "statues unconstitutionally favor 501(c) (3) organizations' and political campaigns' speech."
U.S. District Judge Timothy Corrigan concluded "The court finds that Vigue has demonstrated a substantial likelihood of success on the merits" required to obtain a preliminary injunction and cited two 11th Circuit Court cases in which the court found Florida Statue 316.2045 "unconstitutional" and issuing preliminary and permanent injunctions. He also stated a preliminary injunction "is not adverse to the public interest."
The court ordered the preliminary injunction limited to Vigue only and ordered both parties to file a joint proposal for schedule and procedure of a final hearing.