ORLANDO, Fla. (Legal Newsline) – A Florida federal judge has rejected a call from groups that wish to challenge Gov. Ron DeSantis’ new anti-riot law.
On May 18, Judge Paul Byron refused to enter a temporary restraining order against the law, which is being challenged by Black Lives Matter Tampa, the Community Empowerment Project the Lawyers Matter Task Force.
The law turns participation in riots into a felony offense, sharply increases the cash bail amount and prevents protestors accused of rioting from being bailed from jail until their first court date.
“Plaintiffs’ analysis of the particular constitutional issues presented here is too thin and conclusory to justify the extraordinary remedy of a TRO,” Judge Byron wrote.
“The fatal flaw of Plaintiffs’ motion is that they take for granted that HB1 is unconstitutional – it may well be, but Plaintiffs do not explain how or why.”
The plaintiffs need to explain their argument better, Byron wrote, by pointing to the specific provisions of the law they allege are overbroad, vague or retaliatory.
“Furthermore, Plaintiffs must explain how those specific provisions are unconstitutional by directing the Court to supporting precedent. The only caselaw cited in the Motion supports the unremarkable proposition that open debate and public protests are central to the First Amendment,” Byron wrote.
The complaint said the law is unconstitutional because:
-It equates a peaceful demonstration or participation in a nonviolent protest with rioting or common intent to rioting;
-It exposes peaceful demonstrators and social advocates to criminal liability due to actions of others;
-It inadequately describes what conduct constitutes rioting or inciting a riot;
-It discourages peaceful protest and the support of nonviolent demonstrations; and
-It intimidates peaceful protestors by increasing the severity of punishment inflicted on those arrested at demonstrations.