Sarasota News Leader

03/01/2013

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Sarasota News Leader March 1, 2013 Page 50 with further tweaks if they wish, before making it a long-term part of the county code. DeMarsh recommended the action this week on the basis of a recent 12th Judicial Circuit Court judge���s ruling that struck down part of a City of Sarasota ordinance related to panhandling. In his Feb. 1 ruling in Hill v. City of Sarasota, Judge Rick DeFuria granted a temporary injunction against the city, preventing police officers from arresting people holding signs on public sidewalks or medians, issuing such people citations or directing them to ���move on,��� DeMarsh informed the commissioners in a Feb. 27 memo. ���Additionally,��� DeMarsh wrote, ���our office received inquiries from the same attorneys representing the plaintiffs [in the Hill case] as to the constitutionality of the County���s code provisions governing solicitation and commercial activities in the right-of-way.��� County Attorney Stephen DeMarsh/Photo by Norman Schimmel DeMarsh responded, ���I would say we���re reacting to the Circuit Court���s order.��� Barbetta then pointed to two parts of DeFuria���s ruling, which allows for law enforcement Therefore, DeMarsh continued, he recom- action if an ���individual is obstructing or immended the County Commission adopt the peding pedestrian or vehicular traffic or creemergency ordinance amending Sections 98- ating an unsafe condition.��� 11 and 98-12 of the county���s Code of Ordinanc���I think that we can substantiate that this is es to prevent a constitutional challenge. creating an unsafe situation by somebody ���All of a sudden we���re reacting because of a standing in a 2-foot-wide median. I would threat,��� Barbetta said. ���It seems like we���re much rather hold to that. ��� I think we need jumping because [Mito stand our ground.��� chael Barfield, a legal DeMarsh explained advisor to the Sarasota It���s America, and I don���t mean that that while in his and chapter of the Amerihis staff���s view ���it is cans for Civil Liberties as a joke. ��� We have public freedoms. lawful to regulate acUnion] has confronted Charles Hines Commissioner tivity in the right of us about [county ordiSarasota County way,��� that is defensible nances].���

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