Citizens for Police Accountability Political Committee v. Browning

581 F. Supp. 2d 1164, 36 Media L. Rep. (BNA) 2622, 2008 U.S. Dist. LEXIS 84136
CourtDistrict Court, M.D. Florida
DecidedAugust 22, 2008
DocketCase No. 2:08-cv-635-FtM-29SPC
StatusPublished
Cited by1 cases

This text of 581 F. Supp. 2d 1164 (Citizens for Police Accountability Political Committee v. Browning) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens for Police Accountability Political Committee v. Browning, 581 F. Supp. 2d 1164, 36 Media L. Rep. (BNA) 2622, 2008 U.S. Dist. LEXIS 84136 (M.D. Fla. 2008).

Opinion

OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter comes before the Court on Plaintiffs’ Motion for Preliminary Injunction (Doc. #2) filed on August 11, 2008. Plaintiffs seek to enjoin the enforcement of Florida Statute § 102.031(4)(a)-(b) (2008) on the basis that it is facially unconstitutional and unconstitutional as applied to plaintiffs’ petition circulation activities. Defendant Browning’s Response in Oppo[1167]*1167sition to Plaintiffs’ Motion for Preliminary Injunction (Doc. #11) was filed on August 19, 2008. The Court heard oral arguments on August 21, 2008. For the reasons set forth below, the motion will be granted in part.

I.

Plaintiff Citizens for Police Accountability Political Committee (“CPA”) is a political action committee registered with the Florida Secretary of State and the Lee County Supervisor of Elections. (Doc. # 1, ¶ 10.). Plaintiff Florida State Conference of the National Association for the Advancement of Colored People (“Florida NAACP”) is the umbrella, organization for sixty Florida branches of the national NAACP and coordinates the activities of the NAACP branches throughout Florida, including the activities, of the Lee County, Florida, branch. (Id. at ¶ 11.) Since August 30, 2007, CPA has been circulating a petition to place an amendment of the City of Fort Myers Charter, on the ballot, in order to create a citizen oversight panel, for the Fort Myers Police Department (the “Petition”). (Id. at ¶¶ 1, 15.) The Florida NAACP joined the Petition circulation effort on April 23, 2008. (Id. at ¶ 18.) To be placed on the ballot, petitions must be “signed by ten percent of the registered electors as of the last preceding municipal general election.” Fla. Stat. § 166.031(1) (2007). Plaintiffs assert that after nearly a year of circulating the Petition at polling places, recreational areas, and churches, as. well as canvassing door-to-door, they and others have obtained approximately 1,700 signatures of verified voters out of the required 2,508 signatures. (Doc. # 1, ¶¶ 16,19-22.)

Plaintiffs assert that the best method of obtaining qualified signatures is to seek voters’ signatures, after they have left a polling place or early voting site. (Id. at ¶ 23.) During the Presidential Preference Primary on January 29, 2008, however, CPA petition circulators working one Lee County precinct were required to stand outside a 100-foot “No Approach Zone” created by the Florida statute now being challenged. (Id. at ¶ 16.) Plaintiffs assert that this “No Approach Zone,” which in some precincts covers not only the polling place but also portions of the parking area, entry path and public sidewalks, severely impedes their. First Amendment right of access to the high concentration of civically active, registered voters found at polling places on election days and at early voting sites. (Id. at ¶ 17, 24.)

Plaintiffs plan to circulate the Petition at polling places in Lee County on August 26, 2008, and at early voting sites prior to that date, in an attempt to obtain enough signatures, to place their proposed amendment on an upcoming ballot. (Id. at ¶ 26.) Plaintiffs, seek to have a petition circulator stand near the exit of certain polling places approach voters as they exit, and attempt to obtain their signature on the Petition. (Id. at ¶ 27.) Although the subject matter of the Petition does not relate to any matter on the current ballot, the “No Approach Zone” mandated by the Florida statute would preclude this activity. (Id. at ¶ 28.)

Count One of the Complaint seeks a declaratory judgment that the Florida statute is facially unconstitutional as a content-based, substantially overbroad restriction on protected First Amendment speech and conduct. (Id. at ¶¶ 39, 40.) Count Two seeks a declaratory judgment that the Florida statute is unconstitutional as applied to plaintiffs’ Petition circulation activities as a content-based, impermissible restriction on plaintiffs’ First Amendment rights of speech and association, and the right to petition for grievances. (Id. at ¶¶ 47, 50, 52.) Count Three seeks preliminary and permanent injunctive relief ban[1168]*1168ning the enforcement of the Florida statute against plaintiffs. (Id. at ¶ 58.)

II.

Florida Statute § 102.031 addresses, among other things, the maintenance of good order at polling places and the unlawful solicitation of voters. The statute first gives each election board the “full authority to maintain order at the polls and enforce obedience to its lawful commands during an election and the canvass of the votes.” Fla. Stat. § 102.031(1) (2008). The statute then requires the Sheriff to deputize a deputy sheriff for each polling place and each early voting site, requires the deputy sheriff to be present from the time the polls or early voting sites open until the election is completed, and requires the deputy sheriff to be subject to the lawful commands of the clerk or inspectors and to maintain good order. Fla. Stat. § 102.031(2). The statute identifies the persons who may enter the polling room or polling place and early voting areas. Fla. Stat. § 102.031(3). The statute then provides, in the portion challenged by plaintiffs, as follows:

(a) No person, political committee, committee of continuous existence, or other, group, or organization may solicit voters inside the polling place or within 100 feet of the entrance to any polling place or polling room where the polling place is also a polling room, or early voting site. Before the opening of the polling place or early voting site the clerk or supervisor shall designate the no-solicitation zone and mark the boundaries.
(b) For the purpose of this subsection, the terms “solicit” or “solicitation” shall include, but not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to distribute any political or campaign material, leaflet, or handout; conducting a poll except as specified in this paragraph; seeking or attempting to seek a signature on any petition; and selling or attempting to sell any item. The terms “solicit” or “solicitation” shall not be construed to prohibit exit polling.

Fla. Stat. § 102.031(4)(a)-(b). The statute does not define “exit polling.” The statute further requires that each supervisor of elections inform the clerk of the designated area within which soliciting is deemed to be unlawful, based on the particular characteristics of that polling place. Fla. Stat. § 102.031(4)(e). The supervisor or clerk is allowed to “take any reasonable action necessary to ensure order at the polling places,” including having disruptive or unruly persons removed by law enforcement from the polling room, polling place or from the 100-foot zone surrounding the polling place. Id.

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Bluebook (online)
581 F. Supp. 2d 1164, 36 Media L. Rep. (BNA) 2622, 2008 U.S. Dist. LEXIS 84136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-for-police-accountability-political-committee-v-browning-flmd-2008.