FJI and SLC Reach Settlement with St. Johns County to Stop Enforcing Panhandling Ordinance

ST. JOHNS COUNTY, FL, February 10, 2026

Last month, the Florida Justice Institute (FJI) and the Southern Legal Counsel (SLC), two Florida-based civil rights organizations, settled their federal lawsuit challenging a St. Johns County ordinance passed in May 2023 that was designed to target panhandling.

Under the settlement, St. Johns County agreed to pay the three plaintiffs and their lawyers a global settlement of $90,000.00 to cover the damages, fees, and costs related to the lawsuit. Most importantly, the County agreed not to enforce the law anymore.

The challenged ordinance restricted panhandling on sidewalks and medians along all county roadways. Under the ordinance, a politician could lawfully stand along a county road and ask people for their vote, but a poor or homeless person who stood in the same place and asked for charity was subject to arrest. The ordinance was also confusing and unconstitutionally vague because it prohibited using a public right of way “in a manner that interferes with the safe and efficient movement of people and property.”

The Plaintiffs, Joseph LaValley, Thomas D. Smith and Dylan Torres Pagan are longtime St. Johns County residents who would often make requests for charity along the public streets, often receiving donations of basic necessities, food, water and money. Each had been warned by police to cease their public requests for help, and LaValley and Smith were arrested, prosecuted and fined for a violation of the ordinance.

LaValley, a former construction worker who is unable to work because of health problems including esophageal cancer, receives Social Security disability and food stamps, but cannot make ends meet without donations. Smith cannot afford housing on his Social Security income, and Pagan currently has little income or housing. Seeking donations contributes to their survival.

“Requesting help in public places is an activity protected by the First Amendment,” said Dan Marshall, SLC’s lead attorney in the case. “State and federal courts in Florida and all around the country have repeatedly found panhandling restrictions along public streets and roads to be unconstitutional.”

The challenged ordinance not only violated the First Amendment, but it was also unconstitutionally vague and overbroad. It lacked clear guidelines about what conduct might interfere “with the safe and efficient movement of people and property,” making it impossible to know what actions violate the ordinance and giving police unbridled discretion to arrest someone for merely standing on a sidewalk near an intersection. Virtually any form of expression was prohibited along public roadways in the county, including holding religious or political signs, passing out leaflets, or advertising a business.

 While the ordinance was in effect, approximately 32 people—at least 24 of whom were panhandling or merely standing near the roadway holding a sign—were cited, and four were arrested for merely asking people for help.

“Citing and locking people up who rely on donations from their fellow citizens is a waste of money and valuable police resources and does nothing to solve the problems of poverty and homelessness,” said FJI attorney Ray Taseff. “Now that this law is no longer enforced, we hope that St. Johns County will focus on constructive policies that are proven to address homelessness instead of criminalizing protected speech.”

The lawsuit follows others brought by FJI and SLC against Florida local governments whose ordinances criminalizing requests for charity were struck down, enjoined from enforcement, or repealed. Among those municipalities were Fort Lauderdale, Daytona Beach, Pompano Beach, Fort Myers, Hillsborough County, West Palm Beach, Palm Beach County, Lake City, Columbia County, Hollywood, and Miami.

The case is LaValley et al. v. St. Johns County, Case No. 3:24-cv-01055.