Final Order Issued In FJI’s Case Against Pompano Beach Ordinance

Following a bench trial, the District Court issued a final order in McDonald v. Pompano Beach, FJI’s long-running case against several city ordinances that criminalize requesting donations and standing on medians to do so. With respect to Ordinance § 100.35(C)(1)(b) (the Median Provision), the Court concluded that the particular medians at issue—three to five foot-wide medians adjacent to three-lane roads—were not public fora, and therefore survived constitutional scrutiny if it was viewpoint neutral and reasonable, which the Court concluded it was. With respect to Ordinance §100.35(C)(2) (the Hand to Hand Transmission Provision), the Court noted that the City had stipulated to its unconstitutionality, and found that Plaintiff had “adequately shown that this law caused him to suffer a constitutional injury by chilling his speech,” but determined there was insufficient evidence to affix an amount of damages, and therefore awarded Plaintiff nominal damages in the amount of $1. The Court entered a final judgment in favor of Defendant as to 100.35(C)(1)(b), and a final judgment in favor of Plaintiff as to 100.35(C)(2). During the pendency of the case, the City repealed the Hand to Hand Transmission, thereby allowing people to seek donations in certain circumstances.