The Naked Cowboy is suing Daytona Beach, claims his arrest was unconstitutional

DAYTONA BEACH, Fla. — The legal standing of a panhandling ordinance in Daytona Beach is now being challenged in federal court.

The man known worldwide as “The Naked Cowboy” is suing the city and its police department over an arrest that he claims was unconstitutional.

Robert Burck, better known as The Naked Cowboy, was arrested last March during Bike Week.

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Police said people were handing Burck money while he was playing his guitar on Main Street. Officers said that violated the city’s panhandling ordinance.

Burck is suing the city in federal court over the arrest, and claiming the ordinance is unconstitutional.

“There are damages to Robert Burck, The Naked Cowboy, but it’s the law and the continuing enforcement of these bad laws that’s the greater concern,” said Burck’s attorney, John Phillips.

WATCH: ‘Naked Cowboy’ arrested during Bike Week in Daytona Beach

Daytona Beach passed the ordinance in February 2019, which did not outlaw panhandling but restricts where it can be done.

Channel 9 learned that the city made 136 arrests in the first year, with about 43% of those happening in the first month.

First Amendment attorney Lawrence Walters, who has handled case like this for more than 30 years, said losing the case would not only cost the city potential hundreds of thousands in fees, but also jeopardize its ability to enforce the ordinance in the future.

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“A number of these panhandling ordinances have been struck down,” Walters said. “`There’s a very significant concern that the ordinance is a content-based restriction on speech which violates the First Amendment.”

Burck’s attorney told Channel 9 that they plan to take the case to the Supreme Court if necessary.

Both the city and the police department told Channel 9 that they do not comment on pending litigation.

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