Panhandlers alledge their Civil Rights were infringed
So what now? We have beggars all over the city? Another clever liberal lawyer enters the fray
AGENDA DATE: February 7, 2023 DEPARTMENT: City Attorney
TITLE:
Proposed settlement of Civil Rights lawsuit with Craig Kersh, Roy Kersh, Michael Fields, and
J.R. Soares
SUMMARY:
This is a request to settle a Civil Rights lawsuit filed by Craig Kersh, Roy Kersh, Michael Fields,
and J.R. Soares in the USDC Southern District of Florida, Case No. 9:22-cv-80951, on June 29,
2022, for alleged violation of their First Amendment Rights. If approved, a general release will
be executed in favor of the city.
BACKGROUND AND JUSTIFICATION:
On June 29, 2022, the City was sued by Craig Kersh, Roy Kersh, Michael Fields, and J.R.
Soares, in USDC Southern District of Florida, Case No. 9:22-cv-80951. The lawsuit alleged that
their First Amendment Rights were violated by being arrested multiple times for panhandling.
Both Federal and Florida Courts have consistently been striking down these types of ordinances
as unconstitutional. The resolution of this case is for less than it would cost the City to continue
litigating. Outside counsel (Ben Bedard) and the City Attorney (Glen Torcivia) attended
mediation and recommend approving this $75,000 settlement.
The settlement payment(s) fall within your deductible/ self-insured retention and will be issued
by our office. As the settlement and costs currently are not in excess of your $100k retention,
the insurance portion of your policy will not be applied.
MOTION:
Move to approve/disapprove settlement with Craig Kersh, Roy Kersh, Michael Fields, and J.R.
Soares for $75,000 (inclusive of attorney’s fees and costs).
