Federal Judge Mark Walker sided with a group of activist organizations that sued the governor four months ago
A judge on Thursday halted portions of a Florida law Gov. Ron DeSantis has cast as an “anti-rioting” measure, arguing the law’s definition of a riot is “vague to the point of unconstitutionality” and could imperil peaceful protesters with strict criminal penalties.Key Facts
Federal Judge Mark Walker issued a preliminary injunction barring DeSantis and several county sheriffs who were listed as defendants from enforcing the law’s definition of a riot, siding with a group of activist organizations that sued the governor four months ago and called the law — which imposes tight penalties for people linked to violent protests — “vague and overbroad.”
Walker took aim at a section of the law defining a riot participant as somebody who “willfully participates” in a “violent public disturbance” involving an assembly of at least three people who caused injury or property damage. The judge said this definition could violate the First Amendment by ensnaring people who were present during a protest that turned violent but didn’t actually participate in any violence themselves, noting it “unfortunately takes only a handful of bad actors to transform a peaceful protest into a ‘violent public disturbance.’”
Walker said his ruling offers “narrow relief” and does not bar law enforcement agencies from enforcing the law altogether., DeSantis’ office said it “vehemently disagree[s]” with the decision and plans on appealing the ruling at the federal 11th Circuit Court of Appeals.
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