Plaintiffs in a federal lawsuit challenging the constitutionality of a new Florida law that aims to counter violence and disorder during protests have filed a motion to halt enforcement of a key section of the law.
Dream Defenders, Black Lives Matter Alliance Broward, the Florida State Conference of the NAACP and other civil rights groups filed the motion July 14. The move comes in the wake of the groups challenging the legality of House Bill 1, which Gov. Ron DeSantis signed into law in April.
“Our clients filed a motion for preliminary injunction to preliminarily enjoin enforcement of Section 15 of HB 1, which vastly expands the definition of ‘riot’ to cover constitutionally protected conduct and speech,” Anya Marino, the ACLU of Florida deputy legal director and an attorney for the plaintiffs, said in an email to the Florida Record.
The plaintiffs’ motion was filed as Florida officials received criticism over inconsistent enforcement of the new law. Thousands of opponents to the current Cuban government recently demonstrated in solidarity with anti-government protests in Cuba, blocking roadways and an expressway in violation of the new law’s provisions against “aggravated rioting.”
“Gov. DeSantis' support for anti-government protests regarding Cuba exemplifies the discriminatory intent behind HB 1, emphasizing HB 1's purpose to punish only certain viewpoints and ideas,” Marino said. “The governor's current response to public demonstrations and protests is a stark contrast to his opposition to racial justice protests and demonstrations following the murders of George Floyd, Breonna Taylor and Ahmaud Arbery …”
Critics of HB 1 have raised particular concern with Section 18 of the law, which provides an affirmative defense in civil actions brought by plaintiffs whose property damage or physical injuries result from taking part in a riot.
“Plaintiffs and their members are reasonably frightened, not only because they could be arrested and held without bail for peacefully demonstrating but also because Section 15’s interaction with Section 18 increases the likelihood that plaintiffs and their members could be seriously injured or killed by people who disagree with their message,” the motion states.
Section 18 tends to encourage counter-protesters to use vehicles as weapons against protesters, according to the motion.
The aim of litigation is to protect core political speech rights on matters of public interest, including racial justice, according to the ACLU of Florida. The July 14 order attempts to stop the governor, Attorney General Ashley Moody and law enforcement officials from enforcing Section 15 of the law.