May 21, 2025
The Florida Justice Institute (FJI), a nonprofit civil rights litigation and advocacy organization, and the law firm Wheeler Trigg O’Donnell LLP, have filed a lawsuit against the City of Miami challenging as unconstitutional a City ordinance that prohibits “panhandling,” i.e., requesting money for charity, in an “aggressive” manner or in a way that obstructs pedestrian or vehicular traffic. The Ordinance applies to every public place in the City, and to many private places that are visible to the public. The lawsuit argues that the Ordinance violates the First Amendment to the U.S. Constitution, because it singles out requests for donations and does not apply to any other forms of speech, such as making a request to vote for a candidate, to join a church, or to buy girl scout cookies. A first offense is punishable by up to 30 days in jail and a fine of up to $100, and a second for up to 60 days in jail and a fine of up to $200. The suit seeks an immediate declaration that the ordinance violates the First Amendment. And because of the expansive, undecipherable way in which the ordinance defines “aggressive,” the plaintiffs also request that the law be declared void for vagueness in violation of the Fourteenth Amendment to the U.S. Constitution.
“Requesting donations is speech protected by the First Amendment,” said Ray Taseff, lead attorney with FJI. “The City 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 plaintiffs are Patrick Mazzone, Albert Steve Sandlin, and Andrew Biess, all of whom are long-time Miami residents who have experienced homelessness. They peacefully request donations from pedestrians and drivers to help with their survival, and have been arrested numerous times under the Ordinance.
This is not the first time the City of Miami has been sued for unconstitutional conduct against homeless individuals. In December 2023, FJI sued the City over the City’s ordinance prohibiting panhandling in the downtown core—an ordinance that had already been declared unconstitutional by a state court several years earlier. The City eventually repealed that ordinance, but has continued to vigorously enforce the “aggressive” panhandling ordinance challenged here. In a recent two-year period, Miami police made nearly 400 arrests under this ordinance, of mostly poor and homeless individuals asking for donations to contribute to their survival. Nearly all of the prosecutions brought under the ordinance have been dismissed by a court or the State Attorney’s Office.
“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 City 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, and West Palm Beach.
The case is Mazzone v. City of Miami, Case No. 25-CV-22310 in the Southern District of Florida. For more information, contact media@fji.law. ###
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.
Wheeler Trigg O’Donnell LLP, a national civil litigation law firm, has co-counselled with FJI on this important matter in furtherance of its pro bono mission to ensure justice for those with limited means—and not only those who can afford top legal representation. https://wtotrial.com/.