Ron DeSantis, Ashley Moody seek dismissal of protest law challenge
It may have been smaller than others, but the Fort Lauderdale Black Lives Matter protest garnered some attention.

protet fort lauderdale
DeSantis and Moody contend they are not proper defendants and that the plaintiffs do not have legal standing.

Gov. Ron DeSantis and Attorney General Ashley Moody are asking a federal judge to dismiss a lawsuit challenging a controversial new law aimed at cracking down on violent protests.

DeSantis and Moody filed motions Tuesday in federal court in Orlando seeking dismissal of the lawsuit filed last month by plaintiffs including the Lawyers Matter Task Force and Black Lives Matter Tampa. It is one of two lawsuits challenging the constitutionality of the law (HB 1), which was one of the most heavily debated issues of the 2021 legislative session.

DeSantis and Moody contend they are not proper defendants and that the plaintiffs do not have legal standing, along with arguing against the underlying allegations in the lawsuit.

DeSantis’ motion said the plaintiffs “ask this court to enjoin enforcement of the act based on unfounded, misleading, and conclusory allegations of constitutional violations. But the act does none of the things plaintiffs allege. Americans have a constitutional right to free speech — they do not have a right to burn down buildings, destroy property or inflict bodily harm on others.”

Opponents of the law have contend it is over-broad, violates First Amendment rights and will be used unfairly against Black protesters.

“Petitioners fear they will be unable to exercise their First Amendment rights under the enforcement of this law due to the history of wrongful discretionary and discriminatory actions and crimes of municipal law enforcement officers toward Black and Brown Americans that participate in protests or demonstrations,” the plaintiffs’ attorneys wrote in one court document.

_____

Republished with permission from The News Service of Florida.

Wire Services


5 comments

  • Tom Palmer

    June 2, 2021 at 7:07 pm

    That’s a pretty standard preliminary legal action. Let’s see where it goes.
    .

  • Simon

    June 2, 2021 at 7:18 pm

    This needs to be challenged because I do not want to live in a fascist state. It is the administration that is equating free speech to rioting in this legislation.

    • John

      June 3, 2021 at 11:02 am

      The administration is equating free speech to properly and peacefully utilizing that free speech. The administration is also equating breaking the law to breaking the law. If you have a problem with that, maybe move to Portland.

      • Marty Martin

        June 3, 2021 at 11:10 am

        John, seems you don’t understand that policing can be very subjective in these situations. Sadly.
        Peaceful protestors have been arrested in Florida for not walking fast enough while ending their protest.
        Arrests later overturned by Judges.

  • Tom

    June 2, 2021 at 7:52 pm

    Wonderful arguments being filed as I predicted previously this should be dismissed.
    Plaintiff must show injury, no injury has been committed and furthermore the association representing the tech platform groups Are not injured or legitimate legal plaintiffs. One of the techs must show injury and file as plaintiff.
    This suit is inappropriate legally,

Comments are closed.


#FlaPol

Florida Politics is a statewide, new media platform covering campaigns, elections, government, policy, and lobbying in Florida. This platform and all of its content are owned by Extensive Enterprises Media.

Publisher: Peter Schorsch

Contributors & reporters: Phil Ammann, Jason Delgado, Renzo Downey, Rick Flagg, A.G. Gancarski, Anne Geggis, Joe Henderson, Janelle Irwin, Ryan Nicol, Jacob Ogles, Jesse Scheckner, Scott Powers, Andrew Wilson, and Kelly Hayes.

Email: [email protected]
Twitter: @PeterSchorschFL
Phone: (727) 642-3162
Address: 204 37th Avenue North #182
St. Petersburg, Florida 33704




Sign up for Sunburn


Categories