Seminole County says it will ‘vigorously defend’ lawsuit brought by 2 homeless men

We’re getting new insight into a lawsuit targeting Seminole County’s panhandling laws.

Two homeless men are suing the county over laws that ban “aggressive panhandling,” and Channel 9 spoke with the attorney representing them on Thursday.

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Attorney Dan Marshall believes the lawsuit he filed this week is a first amendment case.

He told Channel 9 the ordinance banning so called “aggressive panhandling” is unconstitutional because it restricts only certain types of speech.

“If our clients are asking for $1 for food, they’re violating the ordinance. Whereas if somebody else is asking for, ‘hey, vote for me,’ or asking for a signature on a petition, or just asking for directions or something like that, then that’s not a violation of the ordinance,” said Marshall.

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Marshall also said he believes panhandling ordinances are counterproductive overall.  He said he was confident his lawsuit would prevail because similar lawsuits were successful in Ocala and Lakeworth.

“From Southern legal counsels’ perspective, these, these types of ordinances tend to be counterproductive, because it’s not solving the problem. It doesn’t help the homeless people, and it doesn’t help the county itself,” said Marshall.

Homeless Service Providers have said money used to enforce similar ordinances should instead be used to address a housing crisis and lack of shelter capacity across Central Florida.

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On Thursday, Channel 9 reached out to Seminole County for their response to the lawsuit.

A spokesperson told Channel 9 the county doesn’t comment on pending litigation.

However, that spokesperson did send a letter which sheds light on the arguments attorneys for the county will likely present.

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That letter was sent to Marshall and the Southern Legal Counsel on August 9th, by Seminole County Attorney David Shields.

It was filed in response to a letter Marshall sent arguing Seminole County’s ordinance was unconstitutional.

That letter states the ordinance only covers “aggressive conduct,” so nonaggressive panhandling is not included.

It also states the county will “vigorously defend any lawsuit challenging the ordinance.”

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