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ACLU Files Lawsuit Challenging Pensacola Panhandling Ordinance
Lawsuit on behalf of local citizens and charity organization argues law set to go into effect tomorrow violates free speech and due process
PENSACOLA, FL.
The American Civil Liberties Union (ACLU) of Florida has today filed a lawsuit challenging an ordinance passed last week by the Pensacola City Council which would prohibit individuals from asking for donations in much of downtown Pensacola. The lawsuit filed today in the U.S. District Court for the Northern District of Florida states that the anti-panhandling ordinance, set to go into effect on Thursday, May 18, violates the free speech and due process rights of those who would be impacted by the law.
"We repeatedly warned the city council that this ordinance was unconstitutional," stated Jacqueline Azis, staff attorney for the ACLU of Florida. "The city council can't outlaw certain kinds of speech just because hearing it could make some people uncomfortable. Courts throughout the country, including in Florida, have been abundantly clear about the unconstitutionality of these laws. We had worked to avoid litigation, but when this cruel and unjust law was passed, we had to take action before it went into effect to protect the rights of the city's most vulnerable citizens, street performers, and charitable groups."
In an April 7 letter to the city council, the ACLU of Florida warned that similar anti-panhandling ordinances "in Florida and throughout the nation... have been consistently declared unconstitutional by the courts." The city council nevertheless approved the ordinance by a 4-3 vote on May 11.
The ACLU is representing two individuals - a diabetic former nurse who solicits donations in downtown, and a street performer who plays the guitar - as well as the local volunteer chapter of Food Not Bombs, a volunteer service organization which puts out a jar for donations in downtown. On their behalf, the ACLU is asking the court to not only find the anti-panhandling ordinance to be unconstitutional, but to issue an order preventing the law from being enforced before it goes into effect.
"A person doesn't lose their right to free speech or due process simply because they need help getting by, and not all problems that a city faces can be solved by law enforcement," stated ACLU of Florida northern regional director Sara Latshaw. "By treating needy members of the community or charity organizations like a nuisance, the city council fails to address the needs of its citizens. Rather than violate people's rights with a policy they knew has been repeatedly found unconstitutional, the city council should work to find viable solutions for the issue of poverty in our community."
The ACLU has successfully challenged similar panhandling laws in multiple states, and is currently involved in legal challenges to anti-panhandling laws in cities including Cleveland, Ohio and Belton, Missouri. The ACLU of Florida has also been involved in litigation across the state challenging policies which criminalize homelessness and violate the rights of homeless individuals.
A copy of the complaint filed today is available here: https://aclufl.org/resources/food-not-bombs-v-city-of-penscola-complaint/
A copy of the brief in support of the motions for a temporary restraining order and preliminary injunction are available here: https://aclufl.org/resources/food-not-bombs-v-pensacola-pi-and-tro-brief/
A copy of the April 7 letter to the city council is available here: https://aclufl.org/resources/letter-to-pensacola-city-council-re-panhandling-ordinance/
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Trump Says 'We Will Retaliate' After Americans Killed, Wounded in Syria
US Central Command said that the "lone ISIS gunman" who targeted the Americans "was engaged and killed."
Dec 13, 2025
This is a developing story… Please check back for updates…
Despite publicly seeking a Nobel Peace Prize, President Donald Trump on Saturday told reporters that "we will retaliate" after US Central Command announced that a solo Islamic State gunman killed three Americans—two service members and one civilian—and wounded three other members of the military.
"This is an ISIS attack," Trump said before departing the White House for the Army-Navy football game in Baltimore, according to the Associated Press. He also said the three unidentified American survivors of the ambush "seem to be doing pretty well."
US Central Command said that the "lone ISIS gunman" who targeted the Americans "was engaged and killed," and that in accordance with Department of Defense policy, "the identities of the service members will be withheld until 24 hours after their next of kin have been notified."
Citing three local officials, Reuters reported that the attacker "was a member of the Syrian security forces."
The news agency also noted that a Syrian Interior Ministry spokesperson, Noureddine el-Baba, told the state-run television channel Al-Ikhbariya that the man did not have a leadership role.
"On December 10, an evaluation was issued indicating that this attacker might hold extremist ideas, and a decision regarding him was due to be issued tomorrow, on Sunday," the spokesperson said.
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Labor Leaders Blast DHS Chief Noem's Union-Busting Attack on TSA Workers
"Noem's decision to rip up the union contract for 47,000 TSA officers is an illegal act of retaliatory union busting that should cause concern for every person who steps foot in an airport," said the AFGE president.
Dec 13, 2025
On the heels of a major win for federal workers in the US House of Representatives, the Transportation Security Administration on Friday revived Homeland Security Secretary Kristi Noem's effort to tear up TSA employees' collective bargaining agreement.
House Democrats and 20 Republicans voted Thursday to restore the rights of 1 million federal workers, which President Donald Trump had moved to terminate by claiming their work is primarily focused on national security, so they shouldn't have union representation. Noem made a similar argument about collective bargaining with the TSA workforce.
A federal judge blocked Noem's first effort in June, in response to a lawsuit from the American Federation of Government Employees, but TSA moved to kill the 2024 agreement again on Friday, citing a September memo from the Department of Homeland Security (DHS) chief. AFGE pledged to fight the latest attack on the 47,000 transportation security officers it represents.
"Secretary Noem's decision to revoke our union contract is a slap in the face to the dedicated workforce that shows up each and every day for the flying public," declared AFGE Council 100 president Hydrick Thomas. "TSA officers take pride in the work we perform on behalf of the American people—many of us joined the agency following the September 11 attacks because we wanted to serve our country and make sure that the skies are safe for air travel."
"Prior to having a union contract, many employees endured hostile work environments, and workers felt like they didn't have a voice on the job, which led to severe attrition rates and longer wait times for the traveling public. Since having a contract, we've seen a more stable workforce, and there has never been another aviation-related attack on our country," he noted. "AFGE TSA Council 100 is going to keep fighting for our union rights so we can continue providing the very best services to the American people."
As the Associated Press reported:
The agency said it plans to rescind the current seven-year contract in January and replace it with a new "security-focused framework." The agreement... was supposed to expire in 2031.
Adam Stahl, acting TSA deputy administrator, said in a statement that airport screeners "need to be focused on their mission of keeping travelers safe."
"Under the leadership of Secretary Noem, we are ridding the agency of wasteful and time-consuming activities that distracted our officers from their crucial work," Stahl said.
AFGE national president Everett Kelley highlighted Friday that "merely 30 days ago, Secretary Noem celebrated TSA officers for their dedication during the longest government shutdown in history. Today, she's announcing a lump of coal right on time for the holidays: that she’s stripping those same dedicated officers of their union rights."
"Secretary Noem's decision to rip up the union contract for 47,000 TSA officers is an illegal act of retaliatory union busting that should cause concern for every person who steps foot in an airport," he added. "AFGE will continue to challenge these illegal attacks on our members' right to belong to a union, and we urge the Senate to pass the Protect America's Workforce Act immediately."
American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) president Liz Shuler similarly slammed the new DHS move as "an outrageous attack on workers' rights that puts all of us at risk" and accused the department of trying to union bust again "in explicit retaliation for members standing up for their rights."
"It's no coincidence that this escalation, pulled from the pages of Project 2025, is coming just one day after a bipartisan majority in the House of Representatives voted to overturn Trump's executive order ripping away union rights from federal workers," she also said, calling on senators to pass the bill "to ensure that every federal worker, including TSA officers, are able to have a voice on the job."
The DHS union busting came after not only the House vote but also a lawsuit filed Thursday by Benjamin Rodgers, a TSA officer at Denver International Airport, over the federal government withholding pay during the 43-day shutdown, during which he and his co-workers across the country were expected to keep reporting for duty.
"Some of them actually had to quit and find a separate job so they could hold up their household with kids and stuff," Rodgers told HuffPost. "I want to help out other people as much as I can, to get their fair wages they deserve."
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Trump Deportation Push Continues With TSA-ICE Partnership and Move to Strip Legal Status
"We will continue to fight alongside all immigrants and their families who are unjustly targeted by this callous administration," vowed the legal director at Justice Action Center.
Dec 13, 2025
As a "chilling" report in the New York Times revealed that the Transportation Security Administration is providing the names of all airline passengers to immigration officials, President Donald Trump's administration on Friday also openly continued its war on immigrants by announcing an end to allowing relatives of citizens or lawful permanent residents to enter the United States while awaiting green cards.
The US Department of Homeland Security (DHS) said in a statement that it is terminating all categorical family reunification parole programs for immigrants from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and "returning parole to a case-by-case basis." An official notice has been prepared for publication in the Federal Register on Monday, and the policy is set to take effect on January 14.
Responding in a statement late Friday, Anwen Hughes, senior director of legal strategy for the refugee programs at Human Rights First, said that "this outrageous decision to pull the rug out from under the thousands of people who came to the US lawfully to reunite with their families is shocking."
"Yet again, this administration is taking extraordinary measures to delegalize as many people as possible, even when they have done everything the US government has asked of them," she continued. "The government did this in March when they announced their intent to take away lawful status from hundreds of thousands of humanitarian parole beneficiaries; they are doing it now with more than 10,000 people who came lawfully to reunite with their families; they are taking their attacks on birthright citizenship to the Supreme Court; and they are escalating their threats to delegalize untold numbers of others without notice."
"This outrageous decision to pull the rug out from under the thousands of people who came to the US lawfully to reunite with their families is shocking."
Guerline Jozef, executive director of the grassroots group Haitian Bridge Alliance, said in a Saturday statement: "Let's be clear: This is not about security. This is about an administration using racist, nativist scare tactics to dismantle lawful family reunification and terrorize Black and Brown immigrants."
"Family reunification parole was created to keep families together and provide a safe, legal pathway while people waited for visas that the US government itself told them would take years," Jozef noted. "Now those same families—many of them Haitian—are being punished for trusting the system. It is state violence, it is anti-Black, and it is an unacceptable betrayal of basic human dignity."
Lawyers behind a class action lawsuit against DHS Secretary Kristi Noem and other key administration leaders over the March policy—Svitlana Doe v. Noem—plan to also challenge the new move.
"Those who entered under the family reunification program should contact their immigration attorney immediately to better understand their options, as those options may change on December 15," warned Esther Sung, legal director at Justice Action Center, which represented plaintiffs in the earlier case.
"The legal team in Svitlana Doe v. Noem will also alert the court as soon as possible to ensure that our clients and class members are not unlawfully harmed by this move," Sung said. "Today's news is devastating for families across the country, but we will continue to fight alongside all immigrants and their families who are unjustly targeted by this callous administration."
Ending family reunification parole won't make us safer, it will only tear families apart. Our immigration policies should be fair and humane. This is just cruel.www.uscis.gov/newsroom/ale...
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— Rep. Linda Sánchez (@replindasanchez.bsky.social) December 12, 2025 at 2:36 PM
Meanwhile, as the Times reported Friday, in March, TSA began sending the names of all air travelers to another DHS agency, Immigration and Customs Enforcement (ICE), which "can then match the list against its own database of people subject to deportation and send agents to the airport to detain those people."
"It's unclear how many arrests have been made as a result of the collaboration," the newspaper detailed. "But documents obtained by the New York Times show that it led to the arrest of Any Lucía López Belloza, the college student picked up at Boston Logan Airport on November 20 and deported to Honduras two days later. A former ICE official said 75% of instances in that official's region where names were flagged by the program yielded arrests."
In López Belloza's case, she tried to board her plane, but her ticket didn't work. The 19-year-old—who said she didn't know about a previous deportation order—was sent to customer service, where she was met by agents with Customs and Border Protection (CBP), another DHS agency playing a key role in Trump's sweeping and violent crackdown on immigrants.
Like the new attack on family reunification, the Times reporting sparked a wave of condemnation. David Kaye, a law professor at the University of California, Irvine, said on social media, "Make sure people you know who need this information have this information."
Jonathan Cohn, political director for the group Progressive Mass, declared that "the Trump administration wants to make flying unsafe: unsafe because of surveillance, unsafe because of understaffed air traffic controllers, and unsafe because of gutted consumer protections."
Eva Galperin, the Electronic Frontier Foundation's director of cybersecurity, pointed to the constitutional protection from unreasonable searches and seizures, saying, "I'm not a lawyer, but I feel like the Fourth Amendment has something to say about this."
Immigration Agents Are Using Air Passenger Data for Deportation EffortThe Transportation Security Administration is providing passenger lists to ICE to identify and detain travelers subject to deportation orders.www.nytimes.com/2025/12/12/u... obvi lawlessly…Prosecute all of them…
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— Sarah Szalavitz💡 (@dearsarah.bsky.social) December 12, 2025 at 4:14 PM
Amid protests over Trump's broader deportation push and the president's plunging approval rating on immigration, unnamed DHS sources confirmed Friday that CBP teams "under Commander Gregory Bovino will change tactics," according to NewsNation. "Instead of sweeping raids like those that have taken place at locations including Home Depot, agents will now be narrowing their focus to specific targets, such as illegal immigrants convicted of heinous crimes."
NewNation's reporting came just days after DHS published a database on ICE arrestees that led Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, to conclude that the department "is implicitly admitting that less than 5% of the people it arrests are people they believe are 'the worst of the worst.'"
This article has been updated with comment from Haitian Bridge Alliance.
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