Sarasota News Leader

06/07/2013

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Sarasota News Leader June 7, 2013 waving signs to draw people to specific businesses is legal anywhere in the county. "I figured maybe the beach might be in the county," he continued, "so I sent my sign waver out to [Siesta Public Beach], and my phone lit up and I had a great day, probably the best day I've ever had." Page 47 "You cannot ban sign wavers," Lally added, "but you can regulate them." "I'm not an attorney," Madden responded, "but I'm going to have to get one. I think, if I remember the First Amendment, you can't regulate free speech." He opened Beach Bites in late September Madden added, "Now does the county want to go through a legal battle, an expensive legal 2012. battle, to fight over free speech?" Then, on the third day of the promotion, when he was waving the sign on the beach, a deputy Lally replied that the Florida Supreme Court informed him that it was not legal, Madden had upheld a City of Lakeland ordinance that said — that he could be arrested for soliciting. regulates where sign waving is allowed. He "My question is, if it's not soliciting over here suggested Madden check with Donna Thomp[in the Village], how can it be soliciting [at son, the county's assistant zoning administrathe beach]?" he added. "I would have never tor, to clarify what is and is not allowed in gone out there if I wasn't told at the [May 21] Sarasota County. meeting that it was acceptable anywhere in Maura Thompson, a representative of Jonthe county." ny's Beach Rides, pointed out that drivers for Then the deputy explained to him that the the service used to pass out their cards at the beach has its own rules, Madden continued. public beach, but deputies told them to stop. Chris McGregor, a Sheriff's Office deputy at- Likewise, she said, "I was sitting out there one tending the meeting, responded that County day, waiting for customers, and I got told [by a Ordinance 90-33 prohibits solicitation of busi- deputy] to leave because that was soliciting." ness in county parks and at county beaches. Code Enforcement staff deals with situations on private property, McGregor added, while deputies enforce the county ordinances at the beach. McGregor pointed out that deputies allow the drivers to drop off and pick up customers who are using the service; however, the drivers cannot randomly drive through the beach parking lot as a means of advertising the busiLally said the County Attorney's Office is ness. working on straightening out language in the zoning code to make it clear where sign wav- Regarding cards promoting the business: Mcing for businesses is allowed. The current Gregor suggested Thompson check with the county zoning chief has been interpreting the beach concessionaire, who rents space from code to restrict sign waving to the business' the county. He had seen the firm allow busiproperty or to the shopping center site where nesses to put out cards just in the space the a business is located, he pointed out. firm rents from the county, McGregor added.

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