Sadly, the homeless registrants in Miami-Dade lost their appeal to the 11th Circuit in a decision returned today.
The loss was on a technicality – whether the suit can be construed as an “as applied” challenge vs. a “facial challenge”. The 11th circuit’s decision was that the plaintiffs didn’t bring their case “as applied” to the John Doe plaintiffs from the get-go and therefore the Defendants didn’t have a fair chance to defend accordingly.
We are very disappointed with the result that is the culmination of 6 years of litigation and that leaves hundreds of individuals who could otherwise have a roof over their heads living on the streets.
You can read the decision here: Does v. Miami-Dade – Order 11th Circuit