Homeless men sue Seminole for criminalizing panhandling

Carl Faustin is a homeless and disabled man who’s made his living for years by holding signs at busy intersections in Seminole County asking for money, food or help from passers-by.

But in court documents Faustin claims sheriff’s deputies recently threatened him with arrest if he doesn’t leave the area because of a nearly decade-old county ordinance that bans aggressive panhandling along streets, sidewalks and other public areas.

Now, Faustin and Rodney Wilson — another homeless man who often panhandles in Seminole — have filed a federal lawsuit against the county claiming the 2015 ordinance violates their First Amendment right to freedom of speech.

Attorney Dan Marshall — of the Gainesville-based Southern Legal Counsel law firm which represents the men — argues Seminole’s panhandling restrictions “criminalize the content of their speech” and are therefore unconstitutional.

Other individuals seeking help or charity on public streets — politicians asking for votes, organizations conducting petition drives or protesters — “may do so without impunity or fear of arrest,” Marshall said.

In fact, the busy intersection of U.S. Highway 17-92 and State Road 436 in Fern Park is where politicians, as well as supporters of former President Donald Trump, have long and regularly gathered to wave signs.

But that intersection is where Faustin and Wilson have often held signs seeking help and say they have been threatened with arrest. Some of their signs read: “Homeless & hungry. God Bless” and “Down today. Please help,” according to court filings.

The men could not be reached for comment and a representative of the law firm said they would not be made available for interviews while the case is pending. Southern Legal Counsel found the men last year through its homeless outreach efforts.

In a sworn statement to the court, Wilson said a deputy sheriff in April turned on the siren of his patrol car and told him to leave the area. Since then, Wilson has used a small cardboard sign he quickly folds and shoves into his pocket if he sees a law enforcement officer nearby.

“I don’t want to go to jail,” Wilson said in his statement. “It feels like I’m at the bottom of the totem pole. It’s as if I’ve been villainized because I’m down on my luck.”

NOAA’s hurricane hunting GOES-U satellite nears SpaceX Falcon Heavy launch this month

In January 2015, Seminole commissioners enacted tough restrictions that crack down on aggressive panhandlers standing on sidewalks, parks and other public areas.

County leaders said at the time they were receiving about a dozen complaints a day regarding panhandlers at busy intersections. Officials said the ordinance was needed because some panhandlers pose a public safety threat and are disruptive to pedestrians and motorists waiting at a traffic light.

Aggressive panhandling, by the county’s definition, includes someone begging by blocking a pedestrian’s path, tapping on a vehicle’s window, following or touching a person, or repeatedly asking for cash after being turned down.

Violators can be arrested and face up to 60 days in jail or a fine of up $500.

Faustin and Wilson have been neither arrested nor fined for panhandling in Seminole, according to court records and Marshall.

Still, Marshall said the county and state already have laws that address harassment or standing on a street and impeding traffic. He said Faustin and Wilson as well as other panhandlers are neither harassing nor threatening passers-by or motorists.

“There is nothing inherently dangerous about initiating a conversation on a public street to ask for assistance or politely repeating a request after an initial refusal,” he said.

Since the panhandling ordinance was enacted Jan. 13, 2015, Seminole authorities have made 130 arrests — including 122 people taken to jail. In total, they spent about 858 days in the Seminole County jail, according to county records.

Not every panhandler even gets threatened with arrest. On Thursday, for example, Andy Herrera sat along the side of U.S. 17-92 near S.R. 436 holding a sign that read: “Hungry. Anything Helps. Thank you. God Bless.”

Herrera said he first resorted to panhandling a few weeks ago after losing his job. On that morning, he said a Seminole deputy stopped and asked him questions but didn’t tell him to leave.

“He patted me down and asked me for my name,” he said. “But that was it.”

Andy Wontor, a county spokesman, said the county is aware of the lawsuit but does not comment on pending litigation.

In an Aug. 9, 2023 letter to Marshall, Seminole’s deputy County Attorney David Shields stated that the county recognizes the “First Amendment free speech right to panhandle” in public areas.

However, the county’s ordinance “prohibits certain aggressive and non-expressive conduct in conjunction with panhandling,” Shields wrote. “Non-aggressive panhandling generally poses no threat to public safety and is permitted under the ordinance in public areas.

“Seminole County has no plans to repeal [the ordinance] and will vigorously defend any lawsuit challenging this lawsuit.”

In 2021, the law firm representing the two men against Seminole joined the ACLU in suing Ocala for its panhandling ordinance — which the Marion County city later rescinded. The firm also was successful in having Fort Lauderdale, Tampa and West Palm Beach modify or repeal their panhandling ordinances.

“They are being threatened with arrest simply for asking for help,” Marshall said regarding Faustin, Wilson and other panhandlers.

mcomas@orlandosentinel.com