State v. Smith

OPINION OF THE COURT

RICHARD G. PAYNE, County Judge.

The above styled cases came on to be heard upon consolidated Motions to Dismiss each arguing the facial unconstitutionality of Ordinance 22-7 of the City of Key West, Florida, the so called “Sleeping in the Public Ordinance.”

THE ORDINANCE

Sec. 22-7. Sleeping in public.

It shall be unlawful for any person to:

*14(a) Be found asleep on any of the streets, sidewalks or other public places of the city or upon the private property of another without the consent of the owner.(b) Be found asleep in a motor vehicle parked on any of the streets, sidewalks,…