Case: Lutrario v. City of Hollywood, Florida

0:23-cv-60806 | U.S. District Court for the Southern District of Florida

Filed Date: May 2, 2023

Closed Date: Nov. 30, 2023

Clearinghouse coding complete

Case Summary

This case is a constitutional challenge to anti-panhandling statutes. The plaintiff, represented by the Florida Justice Institute, sued the city of Hollywood, Florida in the U.S. District Court for the Southern District of Florida on May 2, 2023. The plaintiff sued under 42 U.S.C. § 1983, alleging that the city's ordinance imposing various restrictions on panhandling, including a permit requirement, violated his right to free speech under the First Amendment. The plaintiff sought declaratory an…

This case is a constitutional challenge to anti-panhandling statutes. The plaintiff, represented by the Florida Justice Institute, sued the city of Hollywood, Florida in the U.S. District Court for the Southern District of Florida on May 2, 2023. The plaintiff sued under 42 U.S.C. § 1983, alleging that the city's ordinance imposing various restrictions on panhandling, including a permit requirement, violated his right to free speech under the First Amendment. The plaintiff sought declaratory and injunctive relief, as well as compensatory damages and attorneys' fees. The plaintiff simultaneously filed a motion for preliminary injunction. Chief Judge Cecilia M. Altonaga was assigned to the case.

The court denied the motion for preliminary injunction on May 3, 2023, because the plaintiff had not shown he had served the defendant. On May 8, service was executed against the defendant, and the plaintiff renewed his motion for preliminary injunction.

On July 24, 2023, Judge Altonaga granted the plaintiff’s renewed motion for a preliminary injunction, enjoining the defendant from enforcing the anti-panhandling ordinances based on the chilling effect of the constant threat of citation on the plaintiff’s speech. The city did not argue that the ordinances were constitutional; instead, it contended that it had stopped enforcing them and planned to repeal them. However, the court held that this did not moot the case because the city might return to enforcing the ordinances at any point, and appeared to only have stopped enforcing them to deprive the court of jurisdiction. 683 F.Supp.3d 1361.

On November 30, 2023, the parties submitted a joint stipulation of dismissal with prejudice, giving no reason for the stipulation. This case is now closed.

Summary Authors

Isobel Blakeway-Phillips (4/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67310627/parties/lutrario-v-city-of-hollywood-florida/


Judge(s)

Altonaga, Cecilia M. (Florida)

Attorney for Plaintiff

Shlackman, Mara (Florida)

Taseff, Raymond J. (Florida)

Attorney for Defendant

Abbott, Daniel Lawrence (Florida)

Behnke, Lindsay Marie (Florida)

Documents in the Clearinghouse

Documents in this case
1

0:23-cv-60806

Verified Complaint for Declaratory and Injunctive Relief and Damages

May 2, 2023

May 2, 2023

Pleading / Motion / Brief
5

0:23-cv-60806

Order

May 3, 2023

May 3, 2023

Order/Opinion
10

0:23-cv-60806

Order

May 23, 2023

May 23, 2023

Order/Opinion
29

0:23-cv-60806

Order

July 22, 2023

July 22, 2023

Order/Opinion

683 F.Supp.3d 1361

30

0:23-cv-60806

Joint Stipulation of Dismissal with Prejudice

Nov. 30, 2023

Nov. 30, 2023

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67310627/lutrario-v-city-of-hollywood-florida/

Last updated April 1, 2026, 5:14 a.m.

ECF Number Date Description Link
1 May 2, 2023

Complaint pursuant to 42 USC 1983 against City of Hollywood, Florida. Filing fee $ 402.00 receipt number AFLSDC-16584607, filed by Dean Lutrario. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Taseff, Raymond) (Entered: 05/02/2023)

Clearinghouse
2 May 2, 2023

Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) (Entered: 05/02/2023)

RECAP
3 May 2, 2023

Summons Issued as to City of Hollywood, Florida. (rbe) (Entered: 05/02/2023)

RECAP
4 May 2, 2023

Plaintiff's MOTION for Preliminary Injunction by Dean Lutrario. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Taseff, Raymond) (Entered: 05/02/2023)

RECAP
May 2, 2023

Clerk's Notice of Judge Assignment and Optional Consent

5 May 3, 2023

ORDER denying 4 Motion for Preliminary Injunction. Signed by Chief Judge Cecilia M. Altonaga on 5/3/2023. See attached document for full details. (ps1) (Entered: 05/03/2023)

Clearinghouse
6 May 8, 2023

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dean Lutrario. City of Hollywood, Florida served on 5/4/2023, response/answer due 5/25/2023. (Taseff, Raymond) (Entered: 05/08/2023)

RECAP
7 May 8, 2023

Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 6/5/2023. Signed by Chief Judge Cecilia M. Altonaga on 5/8/2023. See attached document for full details. (ps1) (Entered: 05/08/2023)

RECAP
8 May 8, 2023

Renewed MOTION for Preliminary Injunction by Dean Lutrario. (Attachments: # 1 Exhibit Hollywood Ord. Secs. 122.25 - 122.33, # 2 Exhibit Hollywood Ord. Secs. 122.50 -122.54, # 3 Exhibit Hollywood Ord. Secs. 122.99, # 4 Exhibit Letter, # 5 Exhibit Citations 2018 -1/2023, # 6 Exhibit Lutrario Citations)(Taseff, Raymond) (Entered: 05/08/2023)

RECAP
9 May 18, 2023

NOTICE of Attorney Appearance by Daniel Lawrence Abbott on behalf of City of Hollywood, Florida. Attorney Daniel Lawrence Abbott added to party City of Hollywood, Florida(pty:dft). (Abbott, Daniel) (Entered: 05/18/2023)

RECAP
10 May 25, 2023

ORDER re 8 Renewed MOTION for Preliminary Injunction filed by Dean Lutrario; Defendant shall file a response by 5/30/2023, failing which the Motion will be granted by default. Signed by Chief Judge Cecilia M. Altonaga on 5/25/2023. See attached document for full details. (ps1) (Entered: 05/25/2023)

Clearinghouse
11 May 25, 2023

NOTICE of Attorney Appearance by Lindsay Marie Behnke on behalf of City of Hollywood, Florida. Attorney Lindsay Marie Behnke added to party City of Hollywood, Florida(pty:dft). (Behnke, Lindsay) (Entered: 05/25/2023)

RECAP
12 May 25, 2023

Defendant's MOTION for Extension of Time to File Response/Reply/Answer Verified Complaint, Defendant's MOTION for Preliminary Injunction by City of Hollywood, Florida. (Attachments: # 1 Text of Proposed Order Proposed Order)(Behnke, Lindsay) (Entered: 05/25/2023)

RECAP
13 May 26, 2023

ORDER granting 12 Motion for Extension of Time to File Response/Answer to a Complaint. City of Hollywood, Florida. Response/Answer due 6/9/2023; granting extension of time to respond to Motion for Preliminary Injunction. Signed by Chief Judge Cecilia M. Altonaga on 5/25/2023. See attached document for full details. (ps1) (Entered: 05/26/2023)

RECAP
May 26, 2023

~Util - Set/Reset Motion/R&R Deadlines and Hearings

May 26, 2023

Set/Reset Deadlines/Hearings as to 8 Renewed MOTION for Preliminary Injunction. Responses due by 6/9/2023. (ps1)

14 June 5, 2023

Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement Defendants Certificate Of Interested Parties And Corporate Disclosure Statement by City of Hollywood, Florida (Abbott, Daniel) (Entered: 06/05/2023)

RECAP
15 June 5, 2023

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Dean Lutrario (Taseff, Raymond) (Entered: 06/05/2023)

RECAP
16 June 5, 2023

Joint SCHEDULING REPORT - Rule 16.1 by Dean Lutrario (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Taseff, Raymond) (Entered: 06/05/2023)

RECAP
17 June 5, 2023

ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 5/6/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 4/30/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 7/17/2023. All Discovery, including Expert Discovery, due by 1/8/2024. Mediation Deadline 1/16/2024. In Limine Motions due by 2/20/2024. Motions due by 1/23/2024. Pretrial Stipulation due by 2/20/2024. REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 6/5/2023. See attached document for full details. (ps1) (Entered: 06/05/2023)

RECAP
18 June 5, 2023

DISCOVERY PROCEDURES ORDER (Signed by Magistrate Judge Jared M. Strauss on 6/5/2023). (See attached document for full details). (at) (Entered: 06/06/2023)

RECAP
19 June 9, 2023

Defendant City's ANSWER to Complaint by City of Hollywood, Florida. (Behnke, Lindsay) (Entered: 06/09/2023)

RECAP
20 June 9, 2023

RESPONSE in Opposition re 8 Renewed MOTION for Preliminary Injunction Defendant, City Of Hollywoods Response In Opposition To Plaintiffs Motion For Preliminary Injunction filed by City of Hollywood, Florida. Replies due by 6/16/2023. (Attachments: # 1 Exhibit A - email, # 2 Exhibit B - email)(Abbott, Daniel) (Entered: 06/09/2023)

RECAP
21 June 15, 2023

Plaintiff's REPLY to Response to Motion re 8 Renewed MOTION for Preliminary Injunction filed by Dean Lutrario. (Attachments: # 1 Affidavit Declaration of Plaintiff Dean Lutrario)(Taseff, Raymond) (Entered: 06/15/2023)

RECAP
22 June 23, 2023

Joint NOTICE of Mediator Selection. Selected/Added Michael J. Carbo as Mediator. (Taseff, Raymond) (Entered: 06/23/2023)

RECAP
23 June 23, 2023

Clerk's Notice to Filer re 22 Notice of Mediator Selection and/or Hearing. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (pcs) (Entered: 06/23/2023)

RECAP
24 June 23, 2023

Plaintiff's MOTION to Strike 22 Notice of Mediator Selection and/or Hearing by Dean Lutrario. Responses due by 7/7/2023 (Taseff, Raymond) (Entered: 06/23/2023)

RECAP
25 June 23, 2023

Joint NOTICE of Mediator Selection. Selected/Added Michael J. Carbo as Mediator. (Attachments: # 1 Text of Proposed Order Proposed Joint Order Scheduling Mediation)(Taseff, Raymond) (Entered: 06/23/2023)

RECAP
26 June 23, 2023

ORDER granting 24 Motion to Strike, 22 Notice of Mediator Selection. Signed by Chief Judge Cecilia M. Altonaga on 6/23/2023. See attached document for full details. (ps1) (Entered: 06/23/2023)

RECAP
27 June 23, 2023

ORDER Scheduling Mediation before Michael J. Carbo, Esq.; Mediation Hearing set for 1/11/2024 10:00 AM. The parties are reminded that a report of their mediation must be filed by January 16, 2024. Signed by Chief Judge Cecilia M. Altonaga on 6/23/2023. See attached document for full details. (ps1) (Entered: 06/23/2023)

RECAP
June 23, 2023

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

28 June 24, 2023

Set Mediation Hearing for 1/11/2024 at 10:00 a.m. per DE 27 . (pes) (Entered: 06/26/2023)

RECAP
June 26, 2023

Notice of Mediator Selection and/or Hearing

29 July 22, 2023

ORDER granting 8 Motion for Preliminary Injunction. Signed by Chief Judge Cecilia M. Altonaga on 7/22/2023. See attached document for full details. (ps1) (Entered: 07/24/2023)

Clearinghouse
30 Nov. 30, 2023

STIPULATION of Dismissal by Dean Lutrario (Taseff, Raymond) (Entered: 11/30/2023)

RECAP
Nov. 30, 2023

~Util - Terminate Civil Case

Nov. 30, 2023

Civil Case Terminated, per 30 Joint Stipulation of Dismissal with Prejudice. Closing Case. (ps1)

Case Details

State / Territory:

Florida

Case Type(s):

Speech and Religious Freedom

Criminal Justice (Other)

Key Dates

Filing Date: May 2, 2023

Closing Date: Nov. 30, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual who engaged in panhandling in Hollywood, Florida

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Hollywood, Florida

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Southern District of Florida 0:23-cv-60806

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Unknown

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Order Duration: 2023 - 2023

Issues

General/Misc.:

Poverty/homelessness

Recommended Citation