Scottv.City of Daytona Beach
CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.24-12662
DecidedJune 25, 2026
Reporter2026 U.S. App. LEXIS
JudgesEleventh Circuit panel; see published opinion.
Tags
CivilFirst AmendmentPanhandlingProtected SpeechMunicipal LiabilitySection 1983InjunctionAppellate Review
Case Summary
Four people who regularly panhandled challenged Daytona Beach’s ordinance, which restricted begging, soliciting, and aggressive panhandling in specified circumstances. The Eleventh Circuit held that panhandling is speech and that the challenged restrictions were content based, triggering strict scrutiny that the city could not satisfy. It affirmed the declaration that seven provisions violated the First Amendment and the $80,000 damages award, but vacated injunctions covering provisions or plaintiffs without established standing and remanded for a plaintiff-by-provision analysis.
Opinion
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