Driver involved in distribution of antisemitic flyers only given traffic ticket, despite new law

ORANGE COUNTY, Fla. - A man behind the wheel of a vehicle police said was involved in the distribution of antisemitic flyers in Orange County on Saturday night was only given a traffic ticket, despite a new state law that makes tossing certain flyers onto private property a crime.

The flyers, which police said were tossed by hand from the vehicle in neighborhoods in both Winter Garden and Oakland, were in plastic bags that were being weighed down by beans. A swastika and "WHITE LIVES MATTER" was printed on each flyer.

"To have somebody throw that at somebody's house is just unimaginable," David, a Belgium native now living in Central Florida, said Monday. "I think the connotation with the swastika is unbelievable. I think some people don't have any idea what that means."

Police in Oakland pulled over the SUV the chief told FOX 35 was responsible for the flyer-tossing late Saturday night. None of the occupants were arrested, and only the driver was cited for having an expired tag. 

In a response to FOX 35, Chief Darron Esan called it "free speech."

"While the messages being sent were offensive to many, there were no attempts at intimidation or threats being made," he wrote. "We understand that free speech, as guaranteed through the United States Constitution applies to everyone, even if we do not agree with the speech. Making an arrest in this situation would not have fit within the guidelines of state statute."

But state Rep. Randy Fine, a Republican who represents part of Brevard County, disagrees with Esan. 

"The chief is clearly wrong. And look, in America, you have the right to be wrong, and we'll try to give him the remediation and the training that he needs to do his job properly," Fine said via Zoom.

In May, Gov. Ron DeSantis signed a bill, co-sponsored by Fine, that makes it a misdemeanor to intentionally dump "litter onto private property for the purpose of intimidating or threatening."

"If the purpose was not to intimidate or threaten, what was it? I look forward to [the chief's] answer to that question," Fine said. "We'll be working with the police to make sure they implement the law, not as they think it should be implemented, but as we passed it."

FOX 35 is not identifying the driver who was cited because he has not been charged in connection with the distribution of the antisemitic flyers.