A federal judge temporarily blocked Gov. Ron DeSantis' anti-riot bill on Friday, calling the law unconstitutionally vague and overbroad.
In a 90-page order, U.S. District Judge Mark Walker of Tallahassee granted a temporary injunction against the law, prohibiting the enforcement of HB 1 until the issue is settled in court.
"HB1's new definition of 'riot' both fails to put Floridians of ordinary intelligence on notice of what acts it criminalizes and encourages arbitrary and discriminatory enforcement, making this provision vague to the point of unconstitutionality," the order says. "It requires individuals to 'speculate as to the meaning of penal statutes,' at the risk of their liberty."
The law, among other issues, creates a new, broader definition of riot. It also allows authorities to detain arrested protesters until a first court appearance and establishes new felonies for organizing or participating in a violent demonstration.
DeSantis first floated the concept of an "anti-riot bill" in September after a wave summer of protests over George Floyd's murder at the hands of Minneapolis police.
Civil rights groups including the Dream Defenders, the Black Collective and the Florida State Conference of the NAACP filed the lawsuit in May, three months after DeSantis signed the measure into law.
In court last week, attorneys for the plaintiffs argued the measure has had a chilling effect on free speech. Some civil rights groups, one lawyer said, experienced a drop in membership as well as a dip in attendance at demonstrations.
Despite DeSantis' legal team's objections to the claim, Walker indeed acknowledged the possibility of a "chilling effect" in the order.
"While there may be some Floridians who welcome the chilling effect that this law has on the Plaintiffs in this case, depending on who is in power, next time it could be their ox being gored," he wrote.
Among other contentions, Walker also questioned if the law could be enforced equally.
The injunction is effective immediately.
This is a developing story.
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