Criminal Law Keyed to Hoffmann
Gray v. Kohl
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Pursuant to Florida School Safety Zone Statute, certain actions are prohibited within five hundred feet of school property. Specifically, §2(b) one may not enter or stay in the protected zone during certain hours except if the individual had a legitimate business. Also, under §2(c), one who does not have a legitimate business cannot stay in the zone after a school official request that he or she leave the area. A school official may solely ask a person to leave the protected area if they reasonably believed that the individual was going to engage in criminal conduct or harass students. Conduct contrary to the statute is a second-degree misdemeanor. Moreover, Plaintiff, Thomas Gray, guided members of a religious group into the protected area, which was around a Key Largo School, to hand out Bibles. Pursuant to the religious organization’s rules, Plaintiff told the local police department that they planed on distributing Bible two week before they actually distributed the Bibles. Also, Plaintiff notified the school official of their plans right before the distribution began, and had a member of the organization remain on the public area across from the school while hang out Bibles. Once the distribution began, multiple members of the organization were arrested by an officer at Sheriff Richard Roth command and charged with violating the statute. At that point, Plaintiff stopped handing out Bibles. Plaintiff brought suit against State Attorney Mark and Roth on the grounds that the statute was unconstitutionally vague, and Roth motioned for summary judgment.
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