St. Johns County Pays $90,000 Settlement and Stops Enforcing Panhandling Ordinance
St. Johns County Agrees to Stop Enforcing Panhandling Ordinance After $90,000 Settlement
St. Johns County has agreed to pay $90,000 and permanently stop enforcing portions of its Right-of-Way Safety Ordinance following a federal lawsuit filed by two Florida civil rights organizations.
The settlement, reached in January 2026, resolves a legal challenge brought by the Florida Justice Institute and Southern Legal Counsel, which argued the ordinance violated First Amendment free speech protections.
Under the agreement, the county will pay damages, attorneys’ fees, and legal costs. County officials also agreed not to enforce the challenged provisions of the ordinance moving forward.
Background: Ordinance Passed in 2023
The St. Johns County Board of County Commissioners adopted the Right-of-Way Safety Ordinance in May 2023.
The law restricted individuals from:
- Soliciting donations, including panhandling, on sidewalks and medians along county roadways
- Remaining on medians longer than necessary to cross the street
County officials said at the time that the ordinance was designed to improve public safety and reduce the risk of accidents involving pedestrians and vehicles.
In a previous statement, the county said its ordinances are intended to protect “the health, safety, and well-being of its community” and emphasized that the measure focused on roadway safety rather than targeting specific individuals.
Lawsuit Claimed Free Speech Violations
The lawsuit was filed in federal court on behalf of three St. Johns County residents:
- Joseph LaValley
- Thomas D. Smith
- Dylan Torres Pagan
The plaintiffs were represented by Southern Legal Counsel, with additional support from the Florida Justice Institute.
According to the lawsuit, the three individuals had been warned or cited by law enforcement while requesting donations in public areas.
Attorneys for the plaintiffs argued that panhandling is a form of protected speech under the First Amendment and that restricting such activity on public sidewalks and medians was unconstitutional.
Federal courts, including the U.S. Supreme Court, have previously ruled that panhandling qualifies as protected speech.
Arrests and Citations Reported
While the ordinance was in effect:
- Approximately 32 people were cited
- Four individuals were arrested, according to civil rights attorneys
Two of the plaintiffs, LaValley and Smith, were arrested and prosecuted under the ordinance.
LaValley, according to attorneys, is a former construction worker receiving disability benefits while undergoing treatment for esophageal cancer.
Civil rights groups argued the ordinance disproportionately impacted individuals experiencing homelessness or financial hardship.
County Will No Longer Enforce Ordinance as Written
As part of the settlement, St. Johns County has agreed to stop enforcing the ordinance’s restrictions on panhandling.
A county spokesperson confirmed the ordinance “is not being enforced as written” under the terms of the settlement agreement.
It is not yet clear whether the county will revise the ordinance or introduce new regulations addressing pedestrian safety and roadway activity in the future.
Broader Context: Similar Laws Challenged Across Florida and U.S.
St. Johns County is not alone in facing legal challenges over panhandling restrictions.
Many cities and counties nationwide have been forced to revise or repeal similar laws following court rulings affirming that:
- Panhandling is protected speech
- Governments must regulate conduct, not speech itself
Local governments may still enforce laws related to:
- Obstructing traffic
- Blocking roadways
- Public safety violations
But broad bans on soliciting donations in public areas have often been struck down.
What This Means for St. Johns County Residents
The settlement means:
- The current ordinance will not be enforced
- Panhandling itself cannot be broadly prohibited in public areas
- The county may still regulate dangerous roadway behavior
Residents may continue to see individuals soliciting donations at intersections and public spaces.
County officials have not announced whether a revised ordinance is being considered.
Key Facts Summary
Settlement amount: $90,000
Ordinance passed: May 2023
Settlement reached: January 2026
People cited: Approximately 32
People arrested: 4
Plaintiffs: 3 county residents
By: Local News and Information for Moving To and Living In St. Johns County — Presented Clearly, Accurately, and Without Bias
