Gray v. Kohl
United States District Court for the Southern District of Florida
568 F. Supp. 2d 1378 (2008)
Florida's School Safety Zone Act barred, under Section 2(b), entering or staying within 500 feet of a school without "legitimate business," and separately, under Section 2(c), barred remaining after a school official (who must reasonably believe the person intends criminal conduct or harassment) asked the person to leave. Gray (plaintiff) and fellow religious volunteers, after notifying police and school officials in advance and staying on a public path, were arrested while distributing Bibles near a school; Gray sued Sheriff Roth and State Attorney Kohl (defendants), arguing the Act was unconstitutionally vague, and Roth moved for summary judgment.
Whether a criminal statute is unconstitutionally vague if it fails to provide sufficient notice of the prohibited conduct or encourages arbitrary or discriminatory enforcement.