tampa

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.