Lawsuit challenging Florida anti-riot law allowed to continue

A federal judge has refused to toss out a legal challenge to a controversial new law that creates a host of crimes and enhances existing penalties for protests that turn violent or block traffic, a priority of Gov. Ron DeSantis during this year’s legislative session.

Chief U.S. District Judge Mark Walker on Monday allowed the lawsuit filed by a coalition of groups including the Dream Defenders to proceed, leaving DeSantis and three sheriffs as defendants but dismissing Attorney General Ashley Moody from the case.

Walker’s 72-page order came after Moody, DeSantis and the sheriffs — Walt McNeil of Leon County, Mike Williams of Jacksonville and Gregory Tony of Broward County — asked that the lawsuit be dismissed. The defendants argued, among other things, that the plaintiffs lacked standing and the legal issues weren’t “ripe” enough to be considered by the court.

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DTCI: The summer best-of caselaw survey

Ian Goodman By Ian Goodman Try as he might, this author is regularly challenged to keep up with caselaw as it’s handed down. But this is the practice of law, and staying current on opinions is among the most important ways to serve clients. Because he saves caselaw blasts, this […]
DTCI: The summer best-of caselaw survey
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