Local

Judge: Daytona Beach ordinance that bans sleeping in public unconstitutional

DAYTONA BEACH, Fla.,None — A 40-year-old Daytona Beach ordinance that bans sleeping in public is being called unconstitutional by a local judge.

Judge Belle Schumann said she made the ruling because many of the homeless who are cited have no other place to go and sleep.

Daytona Beach Police Chief Michael Chitwood said he respects the judge's decision, but it won't stop his officers from doing their job.

"We have the right to go up and check on that person and then see where it goes from there and there's certainly no law that says you can't just tell somebody to move along," said Chitwood.

Chitwood said his officers can use other ordinances to make sure the city's image stays intact.

The city could make changes to the sleeping ordinance to make it constitutional.

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