Several groups have joined to file a federal lawsuit on behalf of Black-led organizations challenging a recently enacted Florida law (H.B. 1) which the groups assert is intended to chill First Amendment rights.
The NAACP Legal Defense and Educational Fund Inc., the ACLU of Florida, and the Community Justice Project filed the lawsuit in federal court in Tallahassee. The state Legislature passed so-called anti-riot bill in its recent session at the urging of Gov. Ron DeSantis, who championed the bill.
The law targets Black protesters and their allies who demand racial justice and has already slowed protest activity among Black organizers in Florida,” according to a press release from the groups filing the lawsuit.
The law was passed in response to national protests demanding justice for the police killings of George Floyd and Breonna Taylor, the release stated. The law was passed despite that the fact that “the vast majority” of the protests were peaceful, the release said.
The law creates new criminal penalties against protesters and enhances criminal and civil penalties for various actions during protests, the release said.
The release also gives DeSantis the power to override any city’s decision to reduce a police department’s budget if the budget is appealed by a prosecutor, county or city commissioner, the release said.
A call to the governor’s office late Tuesday afternoon was not returned.
The plaintiffs in the lawsuit are The Dream Defenders, the Black Collective Inc., Chainless Change Inc, Black Lives Matter Alliance Broward; the Florida State Conference of the NAACP Branches and Youth Units, and the Northside Coalition of Jacksonville.
The lawsuit lists as defendants DeSantis, Attorney General Ashley Moody, Leon County Sheriff Walt McNeil, Jacksonville Sheriff Mike Williams, and Broward County Sheriff Gregory Tony.
The four-count lawsuit accuses the state of violating the First Amendment, the due process clause of the 14th Amendment, and the equal protection clause of the 14th Amendment by having a racially discriminatory purpose and targeting racial justice advocacy.
“A protest is the voice of the unheard,” said Adora Obi Nweze, president of the Florida State Conference of NAACP Branches and Youth Units. “For decades, Black and Brown people have taken to the streets to make their voices heard. H.B. 1 is filled with criminalization and civil rights disenfranchisement aimed at Black and Brown Floridians.
“Rather than look for ways to support these constituents, Governor DeSantis’ priority legislation is designed only to harm them. Peaceful protests will continue to speak for the many,” Nweze added.
The lawsuit asks a judge to declare the Combatting Public Disorder Act unconstitutional and prohibit its enforcement. It also seeks costs of the suit and attorneys’ fees for the groups filing the action.