The Cosac Foundation, Inc. v. Columbia County, Florida, 3:23-cv-01499

The Cosac Foundation, Inc. ("Foundation"), operating as The Homeless Voice, is a nonprofit that distributes a newspaper and solicits donations, often in public plazas outside the Columbia County Courthouse and Administration Building.
In response to the Foundation's activities, Columbia County adopted Ordinance 2022-03, which broadly prohibits "solicitation" and "loitering" on or near all County buildings and their surrounding property (curtilage), affecting virtually all public property and parks in the County.
The terms "solicitation" and "loitering" are not defined in the Ordinance, resulting in a sweeping prohibition that includes requesting donations or simply sitting on benches.
After passage of the Ordinance, Foundation solicitors were told by law enforcement they could no longer solicit at these sites, prompting the Foundation to seek a preliminary injunction to enjoin its enforcement.
The Foundation contends the Ordinance violates the First Amendment (overbreadth, content-based restriction) and Fourteenth Amendment (vagueness), seeking to restore its ability to solicit and assemble in these traditional public fora.

Issue	Plaintiff's Argument	Defendant's Argument	Held
First Amendment – Solicitation Ban	Prohibits protected speech in public fora, is overbroad, content-based, not narrowly tailored	Restriction necessary for unfettered access to government services	(Not provided; motion)
First Amendment – Alternative Channels	No adequate alternative channels for soliciting in areas with pedestrian traffic (mobility issues)	Streets/sidewalks are available for solicitation	(Not provided)
Fourteenth Amendment – Vagueness	"Loitering" is undefined, too vague for fair notice, allows arbitrary enforcement	The ordinance is sufficient to provide notice	(Not provided)
Injunctive Relief	Loss of First Amendment freedoms is irreparable harm; public interest weighs against enforcement	Injunction would harm County interests	(Not provided)

Riley v. Nat’l Fed’n of the Blind, 487 U.S. 781 (charitable solicitation is protected speech under the First Amendment)
United States v. Stevens, 559 U.S. 460 (statutes are unconstitutional if overbroad in relation to legitimate sweep)
McCullen v. Coakley, 573 U.S. 464 (restrictions on speech in public fora must be narrowly tailored)
City of Chicago v. Morales, 527 U.S. 41 (laws prohibiting loitering without clear unlawful conduct are void for vagueness)
Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 (defines public fora and protections provided)
Ward v. Rock Against Racism, 491 U.S. 781 (standards for time, place, and manner restrictions on speech)
Grayned v. City of Rockford, 408 U.S. 104 (vagueness doctrine requires fair notice and no arbitrary enforcement)