July 8, 2025
The Florida Justice Institute (FJI), a nonprofit civil rights litigation and advocacy organization, has filed a lawsuit against Hillsborough County challenging as unconstitutional a County ordinance that prohibits asking for charitable contributions from motorists while standing along a roadway. The Ordinance also prohibits advertising or soliciting business, and applies on every public road in the County. The lawsuit argues that the Ordinance violates the First Amendment to the U.S. Constitution, because it singles out certain forms of speech for condemnation, and does not prohibit other forms of speech, such as making a request to vote for a candidate, to join a church, or to sign a petition. Violations are punishable by up to 60 days in jail and a fine of up to $500. The suit seeks an immediate declaration that the ordinance violates the First Amendment.
“Requesting donations is speech protected by the First Amendment,” said Ray Taseff, lead attorney with FJI. “The County cannot single out panhandling for differential treatment because it deems that speech unpleasant. Arresting poor people because they ask others for help is morally wrong, bad policy, and accomplishes nothing except wasting valuable police resources.”
The plaintiff is Ryan Kirby, who does not have permanent housing and often does not have enough income to pay for monthly expenses. As a result, he must peacefully solicit charitable contributions from others to contribute to his survival. But he is regularly harassed by law enforcement, who demand that he stop his activities and leave the area. In December 2024, he was arrested and charged with violating the ordinance, and spent 36 hours in jail before friends paid his $150 bond. Six months later, the county court judge presiding over his case declared the ordinance facially unconstitutional, and dismissed the charges.
The County has been vigorously enforcing this Ordinance. In a recent period of thirteen months, nearly 700 citations have been issued under this ordinance, of mostly poor and homeless individuals asking for donations to contribute to their survival. Many of the people cited spent a day or more in jail.
“The hundreds of needless arrests under this Ordinance do nothing to address the root causes of homelessness and poverty,” said Dante P. Trevisani, Litigation Director with FJI. “The County should instead invest in real solutions, such as permanent housing, rather than criminalization.”
This lawsuit is part of FJI’s effort to end the criminalization of poverty in the state of Florida. FJI attorneys have also filed similar successful lawsuits against Fort Lauderdale, Pompano Beach, Hollywood, Palm Beach County, Columbia County, Lake City, Dania Beach, West Palm Beach, and Miami.
The case is Kirby v. Hillsborough County, Case No. ___________ in the Middle District of Florida. For more information, contact Ray Taseff, media@fji.law, 305-586-4502. ###
Florida Justice Institute (FJI) is an award-winning, nonprofit public interest law firm that uses impact litigation and advocacy to improve the lives of Florida’s disenfranchised residents and underinvested communities. For over 45 years, FJI earned a reputation for preserving human rights in the justice system, empowering vulnerable populations experiencing homelessness & poverty, and providing dignity for people with disabilities. FJI has filed and prevailed in numerous civil rights lawsuits challenging unconstitutional ordinances that criminalize lifestyle, identity, and/or circumstances. www.fji.law.