ORLANDO, Fla. (Legal Newsline) – A Florida federal judge has given his blessing to Gov. Ron DeSantis’ anti-riot bill that was challenged in court by a Black Lives Matter group from Tampa.
Judge Paul Byron had already refused to enter a temporary restraining order against the new law, which increases criminal penalties for rioting. On Aug. 20, he granted DeSantis’ motion to dismiss the lawsuit.
Byron found the groups challenging the law have no standing to do so because it hasn’t been applied to them. They instead argued it created “a perpetual threat of liability” for protestors.
“(T)hey do not allege any intended conduct that is ‘arguably proscribed’ by the Act,” Byron wrote. “According to Plaintiffs, they engage in peaceful protests and counsel others to do the same.
“They make no argument that this conduct is proscribed. On the contrary, the Statute explicitly allows for peaceful protests.”
The law is challenged by BLM Tampa, the Community Empowerment Project and 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.
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.
The plaintiffs will have a chance to amend their complaint because Byron dismissed it without prejudice.