Chad v. City of Ft. Lauderdale, FL, 177 F.3d 954 (11th Cir. 1999). · Go Syfert
Chad v. City of Ft. Lauderdale, FL, 177 F.3d 954 (11th Cir. 1999). Cases Citing This Book View Copy Cite
G Cite
96 citation events (74 in the last 25 years) across 25 distinct courts.
Strongest positive: Singleton v. Taylor (almd, 2021-08-25)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Singleton v. Taylor (2×) also: Cited as authority (quoted)
M.D. Ala. · 2021 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
like other charitable solicitation, begging is speech entitled to first amendment protection.
discussed Cited as authority (quoted) Singleton v. Taylor
M.D. Ala. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
like other charitable solicitation, begging is speech entitled to first amendment protection.
discussed Cited as authority (quoted) Vigue v. Shoar
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence low
like other charitable solicitation, begging is speech entitled to first amendment protection.
discussed Cited as authority (quoted) McCraw v. City of Oklahoma City
10th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence low
like other charitable solicitation, begging is speech entitled to first amendment protection.
discussed Cited as authority (quoted) Leydon v. Town of Greenwich
Conn. · 2001 · quote attribution · 1 verbatim quote · confidence low
precedent conclusively establishes that the fort lauderdale beach area . . . consisting of beach and sidewalk spaces ... is a public forum
discussed Cited as authority (rule) Dennis Scott v. City of Daytona Beach, Florida (2×)
11th Cir. · 2026 · confidence medium
Smith involved a Fort Lauderdale rule that prohibited pan- handling along the city’s beaches. 177 F.3d at 955.
examined Cited as authority (rule) Jonathan Singleton v. Secretary of the Alabama Law Enforcement Agency (11×) also: Cited "see"
11th Cir. · 2025 · confidence medium
In Smith v. City of Fort Lauderdale, we considered whether Rule 7.5(c) of the City of Fort Lauderdale’s Rules and Park USCA11 Case: 23-11163 Document: 96-1 Date Filed: 04/08/2025 Page: 11 of 15 23-11163 Opinion of the Court 11 Regulations for City Parks and Beaches (“Rule 7.5(c)”), which prohibited “[s]oliciting, begging or panhandling” on the beach, violated the First Amendment. 177 F.3d at 955 (quotation omitted).
discussed Cited as authority (rule) McLaughlin v. City of Lowell (2×) also: Cited "see"
D. Mass. · 2015 · confidence medium
See, e.g., Speet v. Schuette, 726 F.3d 867, 875 (6th Cir.2013) (“begging is a form of solicitation that the First Amendment protects”); Clatterbuck v. City of Charlottesville, 708 F.3d 549, 553 (4th Cir.2013) (“the speech and expressive conduct that comprise begging merit First Amendment protection”); Smith v. City of Fort Lauderdale, Fla., 177 F.3d 954, 956 (11th Cir.1999).
discussed Cited as authority (rule) James Speet v. Bill Schuette (2×)
6th Cir. · 2013 · confidence medium
But the court *876 began its analysis by stating that “[l]ike other charitable solicitation, begging is speech entitled to First Amendment protection.” Id. at 956 (footnote omitted) (citing, Loper 999 F.2d 699 at 704 ; Schaumburg, 444 U.S. at 632 , 100 S.Ct. 826 ).
examined Cited as authority (rule) Gresham, Jimmy v. Peterson, Bart (5×) also: Cited "see", Cited "see, e.g."
7th Cir. · 2000 · confidence medium
Smith, 177 F.3d at 956; Loper, 999 F.2d at 704.
examined Cited as authority (rule) Jimmy Gresham, on His Own Behalf and on Behalf of a Class of Those Similarly Situated v. Bart Peterson, in His Official Capacity as Mayor of the City of Indianapolis, Indiana, and the City of Indianapolis, Indiana (5×) also: Cited "see", Cited "see, e.g."
7th Cir. · 2000 · confidence medium
Smith, 177 F.3d at 956; Loper, 999 F.2d at 704 . 29 Indeed, the Court's analysis in Schaumburg suggests little reason to distinguish between beggars and charities in terms of the First Amendment protection for their speech.
discussed Cited "see" State v. Boehler
Ariz. Ct. App. · 2011 · signal: see · confidence high
Paid, Minn., 505 U.S. 377, 394 , 112 S.Ct. 2538 , 120 L.Ed.2d 305 (1992) (“As we said in Boos v. Barry, ‘Listeners’ reactions to speech are not the type of ‘secondary effects’ we referred to in Renton.’ ”) (citation omitted); Forsyth County, Ga. v. Nationalist Movement, 505 U.S. 123, 134 , 112 S.Ct. 2395 , 120 L.Ed.2d 101 (1992) (“Listeners’ reaction to speech is not a content-neutral basis for regulation.”). ¶ 24 The State urges us to follow the Seventh Circuit’s decision in Gresham, in which that court upheld a ban on vocal panhandling after dark because the prohibitio…
discussed Cited "see" Edwards v. District of Columbia
D.D.C. · 2011 · signal: see · confidence high
See Smith v. City of Fort Lauderdale, Fl., 177 F.3d 954 , 956 (11th Cir. 1999) (upholding content neutral city regulations proscribing soliciting, begging, or panhandling in a specified area because the regulations were narrowly tailored to 23 provide “a safe, pleasant environment” and to prevent an adverse impact on tourism); One World One Family Now v. City of Miami Beach, 175 F.3d 1282, 1288 (11th Cir. 1999) (“There is . . . no question that the city’s . . . interest in creating an aesthetic ambiance which will attract tourists . . . is a substantial government interest . . . .”);…
discussed Cited "see" Edwards v. District of Columbia
D.D.C. · 2011 · signal: see · confidence high
See Smith v. City of Fort Lauderdale, FI., 177 F.3d 954 , 956 (11th Cir.1999) (upholding content neutral city regulations proscribing soliciting, begging, or panhandling in a specified area because the regulations were narrowly tailored to provide “a safe, pleasant environment” and to prevent an adverse impact on tourism); One World One Family Now v. City of Miami Beach, 175 F.3d 1282, 1288 (11th Cir.1999) (“There is ... no question that the city’s ... interest in creating an aesthetic ambiance which will attract tourists ... is a substantial government interest ....”); see also Unit…
discussed Cited "see" Larry Horton v. City of St. Augustine
11th Cir. · 2001 · signal: see · confidence high
See Smith, 177 F.3d at 957 (upholding anti-begging ordinance based on effect on tourism because restriction “need not be the least restrictive or least intrusive means’ of serving the City’s interest”) (citation omitted); Coalition for the Abolition of Marijuana Prohibition v. City of Atlanta, 219 F.3d 1301, 1318 (11th Cir.2000) (applying same test). 20 Furthermore, it leaves open a wide swath of public space for Horton’s activities outside the enumerated four-block area.
discussed Cited "see, e.g." Albert Clatterbuck v. City of Charlottesville (2×)
4th Cir. · 2013 · signal: see, e.g. · confidence low
See, e.g., Smith v. City of Fort Lauderdale, 177 F.3d 954 , 956 (11th Cir.1999) (“Like other charitable solicitation, begging is speech entitled to First Amendment protection.”); Loper v. New York City Police Dep’t, 999 F.2d 699 , 704 (2d Cir.1993) (“We see little difference between those who solicit for organized charities and those who solicit for themselves in regard to the message conveyed.
discussed Cited "see, e.g." L.A. All. for Survival v. City of Los Angeles (2×)
Cal. · 2000 · signal: see also · confidence low
See Kokinda, [supra, 497 U.S. at page] 754 [ 110 S.Ct. 3115 ] (Brennan, J., dissenting)." (Doucette, supra, 955 F.Supp. at p. 1204 .) [14] The competing literal approach to determining content neutrality appears to be at odds with the high court's general desire for narrow tailoring in this area, and seems inconsistent with that court's oft-repeated statements that content neutrality turns on whether the regulation is "justified" by legitimate concerns that are unrelated to any "disagreement with the message" conveyed by the speech ( Ward, supra, 491 U.S. 781, 791 , 109 S.Ct. 2746 ) and that s…
Retrieving the full opinion text from the archive…
James Dale SMITH, Personally and on Behalf of All Others Similarly Situated, Plaintiff-Appellant,
v.
CITY OF FORT LAUDERDALE, FLORIDA, Defendant-Appellee
98-4973.
Court of Appeals for the Eleventh Circuit.
Jun 2, 1999.
177 F.3d 954
Bruce S. Rogow, Beverly A. Pohl, American Civil Liberties Union, Ft. Lauderdale, FL, for Plaintiff-Appellant., Lisa N. Hodapp, Ft. Lauderdale, FL, for Defendant-Appellee.
Cox, Hull, Cohill.
Published
2 passages pin-cited by 5 cases
Pinpoint authority: #24,172 of 633,719
Citer courts: M.D. Alabama (2) · Tenth Circuit (1) · Supreme Court of Connecticut (1) · M.D. Florida (1)
HULL, Circuit Judge:

A Plaintiff-Appellant class of homeless people appeals the district court’s decision granting summary judgment for the City of Fort Lauderdale on the class’s First Amendment challenge to a City regulation proscribing begging on a certain five-mile strip of beach and two attendant sidewalks. We hold the challenged restrictions on speech are narrowly tailored to serve the City’s legitimate interests and thus affirm.

The controversy in this case began when the City of Fort Lauderdale enacted Rules and Park Regulations for City Parks and Beaches, intended “to provide citizens with a safe environment in which recreational opportunity can be maximized.” Pursuant to this purpose, the City included in its regulations Rule 7.5, which prescribes regulations “to eliminate nuisance activity on the beach and provide patrons with a pleasant environment in which to recreate.” Rule 7.5(c) states, “Soliciting, begging or panhandling is prohibited.” [1]

Plaintiffs challenge Rule 7.5(c)’s application to a five-mile strip of beach, a new, one-and-a-half-mile promenade sidewalk between that beach and Highway A1A, and the commercial-area sidewalk on the opposite side of Highway AlA-hereinafter collectively called the “Fort Lauderdale Beach area.” The parties stipulate as follows:

The Fort Lauderdale Beach area is an essential part of the Fort Lauderdale tourism experience. Tourism is one of Florida’s most important economic industries, and Fort Lauderdale is the premiere tourist location of Broward County. The Beach area is Fort Laud-erdale’s number one tourist attraction. Approximately four million tourists, many of whom are from foreign countries, visit the Fort Lauderdale area, and most of them at one time or another visit the Fort Lauderdale Beach area. City attendance records reflect that almost three million people visit the beach[*956] annually (August, 1993-July, 1994 estimated figures).
• The improvement of the Beach area was a high priority in the City’s plan to expand the economic base of the community by attracting new investment. Creating an attractive infrastructure was designed to encourage quality development in the Beach area.

As an initial matter, we note that Rule 7.5(c)’s limitations on begging in the Fort Lauderdale Beach area restrict speech in a public forum. Like other charitable solicitation, begging is speech entitled to First Amendment protection. [2] See Loper v. New York City Police Dept., 999 F.2d 699, 704 (2d Cir.1993) (holding “begging is at least ‘a form of speech’ ” because of the lack of material distinctions between begging and other forms of charitable solicitation); see also Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 620, 632, 100 S.Ct. 826, 63 L.Ed.2d 73 (1980) (holding charitable organizations’ solicitations for contributions are protected speech).

Additionally, this Court’s precedent conclusively establishes that the Fort Lauder-dale Beach area covered by Rule 7.5(c)-consisting of beach and sidewalk spaces-is a public forum. See One World Family Now v. City of Miami Beach, 175 F.3d 1282 (11th Cir.1999) (holding an oceanfront strip of public sidewalk in the historic Art Deco district of Miami Beach to be a “quintessential public forum”); International Caucus of Labor Committees v. City of Montgomery, 111 F.3d 1548, 1550 (11th Cir.1997) (confirming the longstanding principle that “[a] sidewalk, although specifically constructed for pedestrian traffic, also constitutes a public forum”); Naturist Society, Inc. v. Fillyaw, 958 F.2d 1515, 1521-23 (11th Cir.1992) (holding John D. MacArthur Beach State Park to be a public forum).

Nonetheless, Rule 7.5(c)’s restrictions on begging in the Fort Lauder-dale Beach area [3] survive Plaintiffs’ First Amendment challenge. Even in a public forum, the government may “enforce regulations of the time, place, and manner of expression which [1] are content-neutral, [2] are narrowly tailored to serve a significant government interest, and [3] leave open ample alternative channels of communication.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983); see also One World Family Now, 175 F.3d at 1287. Plaintiffs do not dispute that Rule 7.5(c) is content-neutral and leaves open ample alternative channels of communication. Plaintiffs also expressly concede that the City’s interest in providing a safe, pleasant environment and eliminating nuisance activity on the beach is “a significant government interest.” Plaintiffs argue only that Rule 7.5(c)’s begging restrictions are not narrowly tailored to serve that interest. We disagree.

Rule 7.5(c)’s restrictions on begging in the Fort Lauderdale Beach area are narrowly tailored to serve the City’s interest in providing a safe, pleasant environment and eliminating nuisance activity on the beach. The City has made the discretionary determination that begging in this designated, limited beach area adversely impacts tourism. Without second-guessing that judgment, which lies well within the City’s discretion, we cannot conclude that banning begging in this limited beach area burdens “substantially more speech than is necessary to further the government’s legitimate interest.” One World Family Now, 175 F.3d at 1287 (quoting Ward v. Rock Against Racism, 491 U.S. 781, 789, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989)). Rule 7.5(c)’s suppression of begging in the[*957] Fort Lauderdale Beach area is materially mitigated by the allowance of begging in streets, on sidewalks, and in many other public fora throughout the City. Cf. Lop-er, 999 F.2d at 701 (assessing a statute applicable to any “public place” in the state of New York).

Moreover, Rule 7.5(e)’s restrictions on begging in the Fort Lauderdale Beach area are not rendered unconstitutional by the possible availability of less-speech-restrictive alternatives. Plaintiffs assert that the City’s interest might be served by proscribing only hostile or aggressive begging or by confining begging to specific parts of the beach. But Rule 7.5(c) need not be the “least restrictive or least intrusive means” of serving the City’s interest in order to qualify as “narrowly tailored.” Ward, 491 U.S. at 788-89, 109 S.Ct. 2746. “So long as the means chosen are not substantially broader than necessary to achieve the government’s interests ... the regulation will not be invalid simply because a court concludes that the government’s interest could be adequately served by some less-speech-restrietive alternative.” Id. at 799, 109 S.Ct. 2746. Plaintiffs’ proffered alternatives fall far short of demonstrating that Rule 7.5(e)’s prohibition of begging in this Fort Lauderdale Beach area is “substantially broader than necessary.”

Thus, Rule 7.5(c)’s restrictions on begging in the Fort Lauderdale Beach area do not run afoul of the First Amendment, and the district court’s grant of summary judgment for the City is AFFIRMED.

1

. It is undisputed that "soliciting,” "begging,” and "panhandling” are interchangeable terms. We use the term "begging” to encompass all three.

2

. The parties do not raise — and thus we do-not address — the issue of whether begging is commercial speech entitled to a lower level of First Amendment protection.

3

. On appeal, Plaintiffs challenge Rule 7.5(c) only as applied to begging in the Fort Lauder-dale Beach area.