TALLAHASEE, Fla. (Legal Newsline) – Black Lives Matter Tampa and a lawyer group have dropped their challenge to Florida’s new anti-riot law.
Documents from the U.S. Court of Appeals for the 11th Circuit indicate a failure to prosecute by BLM Tampa and Lawyers Matter Task Force. They challenged Gov. Ron DeSantis’ law, which increases criminal penalties for rioters. The plaintiffs claimed they had standing to file the lawsuit, despite not being subjected to those penalties, because of a “perpetual threat of liability.”
But Judge Paul Byron on Aug. 20 granted DeSantis’ motion to dismiss the lawsuit.
“On the contrary, the Statute explicitly allows for peaceful protests,” he wrote.
On Sept. 3, the plaintiffs filed their notice of appeal to the U.S. Court of Appeals for the 11th Circuit. That court dismissed the appeal on Oct. 28 after an appellate brief was not filed in time.
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.
“(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.”