Federal Court Allows Petition Circulators Outside of the Polls

FOR IMMEDIATE RELEASE:
Friday, August 22, 2008

CONTACT:
ACLU of Florida Communications Office, (786) 363-2737 or media@aclufl.org

FT. MYERS, Fla. –The American Civil Liberties Union (ACLU) of Florida today won a preliminary injunction from Judge John E. Steele in a lawsuit filed in the U.S. District Court, Middle District, Fort Myers Division. The suit challenged a Florida statute that restricts approaching voters to gather petition signatures within 100 feet of a polling place, after voters have cast their ballots.

The Court upheld the petition-gatherers’ First Amendment rights. The judge ruled that the Citizens for Police Accountability Political Committee and the Florida State Conference NAACP can ask voters exiting polling places during the August 26, 2008 Florida Primary Election to sign petitions to place a Charter Amendment on the ballot to allow citizens to decide whether to create a citizen oversight panel for the Fort Myers Police Department.

“We are happy that Judge Steele agreed with us that petition gatherers have the right under the First Amendment to solicit signatures from voters who are leaving polling places. This activity is core political speech that is the essence of democracy. Petition gathering does not threaten the integrity of the current election in any way and deserves protection,” said attorney Muslima Lewis, Director of the ACLU of Florida’s Racial Justice and Voting Rights Projects.

The lawsuit was filed by the ACLU of Florida and its cooperating attorneys, Gregg Thomas, James McGuire and Paul McAdoo, of the Tampa firm Thomas and LoCicero. Muslima Lewis and ACLU Foundation of Florida attorney Rebecca Harrison Steele of Tampa are also representing plaintiffs in the case.

“Judge Steele’s order strikes the appropriate constitutional balance between the rights of voters and the rights of petition circulators who are trying to change government by traditional grassroots means,” said Paul McAdoo, ACLU cooperating attorney.

About the ACLU of Florida
The American Civil Liberties Union (ACLU) of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our Web site at: www.aclufl.org.

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2008 Press Releases