Florida’s new ‘anti-mob’ law infringes on the 1st and 14th amendments, lawsuit states
TALLAHASSEE
Arguing that a new law is intended to “suppress the viewpoints of Blackled organizations and their allies,” a coalition of groups Tuesday challenged the constitutionality of changes championed by Gov. Ron DeSantis to crack down on violent protests.
A 62-page lawsuit filed in federal court in Tallahassee on behalf of groups such as the Dream Defenders and the Florida State Conference of the NAACP contends that the law (HB 1), which DeSantis signed on April 19, will have a “chilling” effect on protected speech and violates equal-protection and due-process rights.
DeSantis made the changes a priority after protests across the nation last year following the killing of George Floyd, a Black man, by a Minneapolis police officer. The law, passed this spring by Florida’s Republicancontrolled Legislature, includes a wide range of steps to crack down on violence and property damage related to protests.
But the lawsuit argues, in part, that the measure is overbroad, vague and “subjects non-violent protesters to criminal liability for exercising protected rights to speech and assembly.”
As an example, the lawsuit said peaceful protesters at demonstrations could face criminal charges if they are in “close proximity to an act of violence or property destruction in which they themselves do not participate.”
“Because (a section of the law) confers discretion to law enforcement to arrest nonviolent protesters in close proximity to a violent outburst that is caused by others, would-be protesters have already been and will continue to be discouraged from participating in demonstrations for fear that the intents and actions of others may subject them to severe criminal penalties,” said the lawsuit, filed on behalf of the plaintiffs by attorneys from the NAACP Legal Defense and Educational Fund, the American Civil Liberties Union of Florida, Community Justice Protect and the national law firm of Akin Gump Strauss Hauer & Feld.
The lawsuit also said the measure violates equal-protection rights because it “targets Black organizers and organizations. The text, legislative history, timing, and public statements about the act made by Florida officials all make clear that the act was racially motivated.”
The law, one of the biggest issues of this year’s legislative session, also has drawn a lawsuit that was filed April 21 in federal court in Orlando. That lawsuit is pending.
DeSantis has touted the law, signing it last month in Polk County while flanked by law-enforcement officers. During that event, he said it “is the strongest, anti-rioting, pro-law enforcement piece of legislation in the country.”
“In Florida, we are taking an unapologetic stand for the rule of law and public safety,” DeSantis said in a prepared statement on the day the bill was signed. “We are holding those who incite violence in our communities accountable, supporting our law enforcement officers who risk their lives every day to keep us safe and protecting Floridians from the chaos of mob violence.”
The law is multifaceted, including creating a new crime of “mob intimidation” and enhancing riot-related penalties. It also could help shield people from civil liability if they injure or kill protesters involved in riots — an issue known as granting an affirmative defense.
The lawsuit contends that various parts of the measure could lead to preventing people from protesting. For instance, it said part of the law would require people arrested for the misdemeanor or breaching the peace to spend at least one night in jail.
“This section thus targets a certain kind of expression, i.e. protest, for harsh punishment,” the lawsuit said. “This section has already chilled and will continue to chill protected speech by discouraging would-be protesters from participating in a demonstration for fear that they may be arrested for the low-level offense of breaching the peace and have to spend at least one night in jail as a result.”
The lawsuit names as defendants DeSantis, Attorney General Ashley Moody, Leon County Sheriff Walt McNeil, Jacksonville Sheriff Mike Williams and Broward County Sheriff Gregory Tony. In addition to the Dream Defenders and the Florida State Conference of the NAACP, other plaintiffs are The Black Collective, Inc., Chainless Change, Inc., Black Lives Matter Alliance Broward and the Northside Coalition of Jacksonville.
David Smiley: 305-376-2284, @NewsBySmiley
Audrey Francisquini tried to blend in with the students at American Senior High School on Monday.
She wore a black backpack, carried a skateboard and held a painting as she walked through the hallways handing out pamphlets promoting her Instagram page, police said.
The problem, police said: Francisquini is 28 years old and is definitely not a high school student.
Police say her scheme landed her behind bars. She was charged with burglary, interfering with a school function, and resisting arrest without violence. She was being held on a $2,000 bond in Miami-Dade’s Turner Guilford Knight Correctional Center.
Around 8:30 a.m. after sneaking into the school, Francisquini handed out pre-printed pamphlets with her Instagram account to students, asking them to follow her, according to an arrest report. She also recorded herself wandering the school.
While students were in class, school security had found Francisquini wandering the halls. She quickly told them she was looking for the registration office when she was confronted, the report said.
She headed toward the registration office — but instead of going in, she continued walking through the halls, talking to students before they entered classes.
School security tried to again catch up with Francisquini to ask what she was doing in the school, but this time she didn’t stop. Security then told administrators there was a “potential threat on campus,” police said in the report.
Administrators and security began looking for Francisquini; an officer saw her walk quickly across the faculty parking lot toward the street. She was told to stop, but she continued on, leaving the school grounds.
Later that day, Francisquini was arrested at her home in North Miami Beach. Authorities tracked her down through her public Instagram page.
Miami-Dade County Public Schools spokeswoman Jaquelyn Calzadilla said that the school system will be conducting a thorough review into this case. As part of the review, it will be looking into how Francisquini was able to sneak into the school and elude security.
“This is an unfortunate incident involving a female who trespassed on school grounds under false pretenses,” Calzadilla said. “As always, Miami-Dade County Public Schools will continue to work tirelessly to protect the safety and well-being of our students and employees.”
Francisquini has no previous criminal history.
While police say she was promoting her Instagram page, a search of popular social media sites came up empty for “Francisquini.” Detectives says she uses a screen name for her accounts.
Carli Teproff: 305-376-3587, @cteproff
Devoun Cetoute: 305-376-2026, @devoun_cetoute