St. Petersburg Seeks Dismissal of Lawsuit Over Public Sleeping Enforcement
ST. PETERSBURG, Fla. – The City of St. Petersburg is requesting a judge dismiss a lawsuit filed by downtown restaurant owner Ronicca whaley,alleging the city isn’t adequately enforcing a new state law regarding public sleeping. The city argues the lawsuit relies on “vague, conclusory and immaterial facts.”
Whaley, owner of Shiso Crispy, filed the suit in July, claiming the city’s failure to enforce the state law – which prohibits local governments from regularly allowing overnight sleeping on public property – is negatively impacting her business.Her complaint stated this inaction demonstrates “a blatant disregard for state law and undermines the safety, economic vitality and aesthetic integrity of the community.”
The city’s motion to dismiss, filed last month, contends Whaley’s lawsuit is based on ”information and belief” and presents allegations that are “unachievable to defend” due to a lack of specific details like dates, times, and names.
Sandford Kinne, Whaley’s attorney, countered that the law doesn’t require identifying specific individuals. He argued in a response filed last week that Whaley only needs to demonstrate that individuals are being regularly allowed to sleep on public property. “Defendant’s insistence that Plaintiff must produce the names of each individual sleeper,along with dates and times,would impose a burden that is neither found in the statute nor compatible with its purpose,” Kinne stated in the opposition motion. He further asserted his client isn’t required to conduct a “census of those experiencing homelessness” and that the case should proceed to the revelation phase.
Kinne also maintains the complaint does contain specific instances of Whaley’s personal observations of individuals sleeping in Williams Park and near her restaurant.
Whaley has publicly stated her aim is to encourage the city and county to establish a designated area for overnight sleeping coupled with access to support services, and to raise awareness about the issue in the downtown area. She is among the first in Florida to file a lawsuit under the new state law.
The city maintains a policy of not commenting on pending litigation. Attorney Kinne did not respond to a request for comment. A court hearing date has not yet been scheduled.
