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JOEL v. CITY OF ORLANDO

No. 99-14535.

232 F.3d 1353 (2000)

James S. JOEL, Plaintiff-Appellant, v. CITY OF ORLANDO, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 13, 2000.

Attorney(s) appearing for the Case

Steven G. Mason, Orlando, FL, for Plaintiff-Appellant.

W. Scott Gabrielson, Mateer, Harbert & Bates, P.A., Martha Lee Lombardy, Office of Legal Affairs, City of Orlando, Orlando, FL, for Defendant-Appellee.

Before BLACK, CARNES and KRAVITCH, Circuit Judges.

CARNES, Circuit Judge:

James Joel, a homeless person, was arrested by City of Orlando ("City") police officers for violating Section 43.52 of the City's Code. That provision prohibits "camping" on public property, which is defined to include, among other things, "sleeping out-of-doors." Joel filed a complaint in the district court claiming that Section 43.52 violates his rights under the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution.<...

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