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Overview of the State of Florida v. Kevin E. Wood Case
In February 2000, Kevin Wood decided to run in for the office of the Bay County Clerk of Circuit Court. Like any other candidate for political office, Wood had to obtain petition signatures in order to have his name placed on the ballot. Wood also had to meet some of his constituents. The ideal place to do both is where 'the party is'-that is, where people congregate. In Panama City, that place is the Panama City Mall. In fact, the Panama City Mall arguably has become Panama City's nerve center. The mall has more than 100 stores, huge expansive parking lots, and has become the place where many Panama City residents shop, eat, and visit. Essentially, the mall can be considered Panama City's new downtown.
Early in the day on February 5, 2000 Kevin Wood went to the Panama City Mall to meet constituents and to inform them about his candidacy for public office. Armed only with a clipboard in hand, Wood browsed the mall, greeting various mallgoers and obtaining signed petitions. Wood continued to cruise the mall until he was approached by mall security personnel and police officers. They asserted that Wood was violating mall policy by seeking signatures for his petition for political office. Moreover, the police claimed that Wood was trespassing. Wood responded that he had a constitutional right to speak to the public about his candidacy for political office in the Panama City Mall. The police disagreed. Wood was arrested for a criminal trespass.
A trespass is sometimes defined as an unlawful or unwanted entry onto the property of another. States differ on what punishment is assigned to the offense. The trespass charge against Kevin Wood has yet to be adjudicated. As a defense to the charge, Kevin Wood asserts that there was no trespass because he had a constitutional right to be in the mall.
