Law that Led to 90-Year-Old's Criminal Citations Unconstitutional, Lawyers Say

Those opposed to Fort Lauderdale’s ban against feeding the homeless in public will soon have their day in court.

Attorneys Bill Scherer and Bruce Rogow have filed a suit against the city that alleges the city’s ban violates the U.S. Constitution, along with the Florida Religious Freedom Restoration Act, Local 10 is reporting.

Fort Lauderdale’s new ban has come under fire after three criminal citations were issued to 90-year-old homeless advocate Arnold Abbott. Those citations carry a $500 penalty and the potential for up to two months of jail time each.

Abbott, who fought the city’s ban on feeding homeless on Fort Lauderdale Beach back in 1999, has refused to stop providing Wednesday night meals. That act earned him two of his three citations. The first criminal citation was issued when Abbott was with two local pastors feeding homeless at a Fort Lauderdale park.

One of those pastors, Mark Sims, is the plaintiff in this case, Local 10 reported. A court is expected to hear the case sometime next week.

See Also:

• City That Arrested 90-Year-Old Man 3 Times to Begin Busing Homeless Out
• 3rd Arrest for 90-Year-Old Man Who Feeds Homeless
• 90-Year-Old Florida Man Arrested for Feeding Homeless
• Sarasota Plans to Bus the Homeless Out of Town

Abbott’s crusade against the feeding ban has garnered national attention.

Abbott is the founder of Love Thy Neighbor, a local nonprofit that helps the homeless. Before his first citation, Abbott had only handed out a few of the 300 meals he had prepared when police told him to stop or else.

Abbott wrote on his Facebook page that an officer told him to “’Drop that plate immediately.’ As though it were a weapon.”

Abbott has also filed a motion asking the courts to uphold the ruling in the 1999 case. His most recent Wednesday night visit to Fort Lauderdale Beach did not result in a fourth criminal citation, CBS Local reported. The police, in fact, were no-shows, the station reported.

Photo Credit: Arnold Abbott/Facebook