Akin Gump Joins with Civil Rights Organizations to Secure Preliminary Injunction in Florida Anti-Protest Law

(New York) – On May 11, 2021, a pro bono team from Akin Gump, together with the NAACP Legal Defense and Educational Fund, Inc. (LDF), American Civil Liberties Union (ACLU) of Florida and the Community Justice Project (CJP), filed a lawsuit challenging H.B.1, Florida’s anti-protest law, arguing that it violates the First and Fourteenth Amendments to the United States Constitution by chilling protected speech and criminalizing protest activity. The lawsuit alleged that the law was based on racial animus, and Akin Gump and the civil rights organizations subsequently filed a motion for preliminary injunction in July 2021.

Today, in a major victory for civil rights and racial justice advocates, a federal judge granted a request made by civil rights groups and Akin Gump to preliminarily enjoin enforcement of a key provision of H.B.1 that redefines the crime of “riot” and imposes harsh penalties for those arrested under the law.

Prior to the injunction, the plaintiffs in the case—a group of Black-led civil rights and social justice organizations in Florida—were chilled from exercising their First Amendment right to protest out of fear that the law allowed them to be swept up and arrested while peacefully protesting. In a powerful and emotional opinion that evokes Florida’s Jim Crow history of leveling charges of incitement and rioting against racial justice advocates, today Northern District of Florida Chief Judge Mark Walker enjoined Gov. DeSantis and three Florida sheriffs from enforcing the “riot” definition created by Section 15 of the law.

A copy of Judge Walker’s order may be found here.

In response to the judge’s decision today, the coalition of Black-led plaintiff organizations released the following joint statement:

“Today’s decision enjoining enforcement of a key provision of H.B.1 will greatly contribute to the safety of Black organizers and others affected by this unjust law. H.B.1 effectively criminalizes our constitutional right to peacefully protest and puts anyone – particularly Black people demonstrating against police violence – at risk of unlawful arrest, injury, and even death. This targeting of protesters is shameful and directly contradicts our Constitution. We are glad the court has agreed to suspend enforcement of this key provision while we continue to advocate to ensure that protesters in Florida can safely exercise their right to speak out against injustice.

“H.B.1 was passed as a direct response to racial justice protests in 2020 and appears designed to target those who protest police violence. Among other concerning provisions, the law risks criminalizing peaceful protest and shields those who injure or kill protestors — for example, by ramming their vehicles into protestors — from civil penalties. As states around the country threaten to pass similar legislation, today’s decision serves as a powerful reminder that such unjust and unconstitutional efforts cannot stand.”

The Akin Gump team was co-led by pro bono partner Steve Schulman, litigation partner Joseph Sorkin and Supreme Court and appellate partner James Tysse. The team included counsel Erica Holland, senior counsel Caroline Wolverton, counsel Nick Petree and Anne Evans, and associates Miranda Dore and Zara Shore.

Last month, Akin Gump chair Kim Koopersmith was named co-chair of the LDF’s board of directors. Additional information about that appointment may be found here.

Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.

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